Pandas Profiling Report

Dataset statistics

Number of variables	36
Number of observations	193
Missing cells	1506
Missing cells (%)	21.7%
Duplicate rows	0
Duplicate rows (%)	0.0%
Total size in memory	59.9 KiB
Average record size in memory	317.6 B

Variable types

Numeric	14
Categorical	22

Alerts

`place_Gov_dem2pv` has constant value ""	Constant
`place_Gov_dem2pv_last` has constant value ""	Constant
`place_House_dem2pv` has constant value ""	Constant
`place_House_dem2pv_last` has constant value ""	Constant
`vid_livestreamed` has constant value ""	Constant
`vid_favorites` has constant value ""	Constant
`vid_id` has a high cardinality: 193 distinct values	High cardinality
`vid_title` has a high cardinality: 192 distinct values	High cardinality
`vid_desc` has a high cardinality: 163 distinct values	High cardinality
`vid_upload_date` has a high cardinality: 57 distinct values	High cardinality
`meeting_date` has a high cardinality: 139 distinct values	High cardinality
`caption_text` has a high cardinality: 75 distinct values	High cardinality
`caption_text_clean` has a high cardinality: 75 distinct values	High cardinality
`place_govt` is highly imbalanced (68.1%)	Imbalance
`vid_likes` is highly imbalanced (81.0%)	Imbalance
`vid_dislikes` is highly imbalanced (81.9%)	Imbalance
`vid_comments` is highly imbalanced (94.0%)	Imbalance
`place_Pres_dem2pv` has 87 (45.1%) missing values	Missing
`place_Pres_dem2pv_last` has 87 (45.1%) missing values	Missing
`place_Gov_dem2pv` has 191 (99.0%) missing values	Missing
`place_Gov_dem2pv_last` has 191 (99.0%) missing values	Missing
`place_House_dem2pv` has 192 (99.5%) missing values	Missing
`place_House_dem2pv_last` has 192 (99.5%) missing values	Missing
`place_Sen_dem2pv` has 156 (80.8%) missing values	Missing
`place_Sen_dem2pv_last` has 156 (80.8%) missing values	Missing
`vid_dislikes` has 13 (6.7%) missing values	Missing
`vid_comments` has 3 (1.6%) missing values	Missing
`caption_text` has 118 (61.1%) missing values	Missing
`caption_text_clean` has 118 (61.1%) missing values	Missing
`vid_id` is uniformly distributed	Uniform
`vid_title` is uniformly distributed	Uniform
`meeting_date` is uniformly distributed	Uniform
`caption_text` is uniformly distributed	Uniform
`caption_text_clean` is uniformly distributed	Uniform
`vid_id` has unique values	Unique
`acs_2018_black` has 14 (7.3%) zeros	Zeros
`vid_views` has 4 (2.1%) zeros	Zeros

Reproduction

Analysis started	2023-05-13 17:30:23.486974
Analysis finished	2023-05-13 17:31:11.245165
Duration	47.76 seconds
Software version	ydata-profiling vv4.1.2
Download configuration	config.json

st_fips
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	1753681.5

Minimum	132848
Maximum	4863200
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	132848
5-th percentile	132848
Q1	648648
median	648648
Q3	3914184
95-th percentile	4844551.2
Maximum	4863200
Range	4730352
Interquartile range (IQR)	3265536

Descriptive statistics

Standard deviation	1774499.9
Coefficient of variation (CV)	1.0118713
Kurtosis	-1.0028966
Mean	1753681.5
Median Absolute Deviation (MAD)	40590
Skewness	0.91864164
Sum	3.3846053 × 10⁸
Variance	3.14885 × 10¹²
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
648648	85	44.0%
4841980	18	9.3%
608058	16	8.3%
132848	14	7.3%
4246488	9	4.7%
4848408	8	4.1%
600562	7	3.6%
3914184	5	2.6%
681666	4	2.1%
2708794	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
132848	14	7.3%
141968	1	0.5%
458010	1	0.5%
523290	1	0.5%
600562	7	3.6%
608058	16	8.3%
648648	85	44.0%
675000	1	0.5%
681666	4	2.1%
820000	1	0.5%

Value	Count	Frequency (%)
4863200	2	1.0%
4848408	8	4.1%
4841980	18	9.3%
4840472	2	1.0%
4550875	2	1.0%
4249128	1	0.5%
4246488	9	4.7%
4159000	2	1.0%
3922694	1	0.5%
3914184	5	2.6%

state_name
Categorical

Distinct	14
Distinct (%)	7.3%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

California	113
Texas	30
Alabama	15
Pennsylvania	10
Minnesota	7
Other values (9)	18

Length

Max length	14
Median length	10
Mean length	8.8549223
Min length	4

Characters and Unicode

Total characters	1709
Distinct characters	33
Distinct categories	3 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	4 ?
Unique (%)	2.1%

Sample

1st row	Texas
2nd row	Texas
3rd row	Texas
4th row	Texas
5th row	Texas

Common Values

Value	Count	Frequency (%)
California	113	58.5%
Texas	30	15.5%
Alabama	15	7.8%
Pennsylvania	10	5.2%
Minnesota	7	3.6%
Ohio	6	3.1%
South Carolina	2	1.0%
North Carolina	2	1.0%
Oregon	2	1.0%
Illinois	2	1.0%
Other values (4)	4	2.1%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
california	113	57.1%
texas	30	15.2%
alabama	15	7.6%
pennsylvania	10	5.1%
minnesota	7	3.5%
ohio	6	3.0%
carolina	4	2.0%
south	2	1.0%
north	2	1.0%
oregon	2	1.0%
Other values (6)	7	3.5%

Most occurring characters

Value	Count	Frequency (%)
a	340	19.9%
i	258	15.1%
n	167	9.8%
l	147	8.6%
o	142	8.3%
r	125	7.3%
C	118	6.9%
f	113	6.6%
e	52	3.0%
s	52	3.0%
Other values (23)	195	11.4%

Most occurring categories

Value	Count	Frequency (%)
Lowercase Letter	1506	88.1%
Uppercase Letter	198	11.6%
Space Separator	5	0.3%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
a	340	22.6%
i	258	17.1%
n	167	11.1%
l	147	9.8%
o	142	9.4%
r	125	8.3%
f	113	7.5%
e	52	3.5%
s	52	3.5%
x	30	2.0%
Other values (12)	80	5.3%

Uppercase Letter

Value	Count	Frequency (%)
C	118	59.6%
T	30	15.2%
A	17	8.6%
P	10	5.1%
O	8	4.0%
M	7	3.5%
N	3	1.5%
S	2	1.0%
I	2	1.0%
J	1	0.5%

Space Separator

Value	Count	Frequency (%)
	5	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	1704	99.7%
Common	5	0.3%

Most frequent character per script

Latin

Value	Count	Frequency (%)
a	340	20.0%
i	258	15.1%
n	167	9.8%
l	147	8.6%
o	142	8.3%
r	125	7.3%
C	118	6.9%
f	113	6.6%
e	52	3.1%
s	52	3.1%
Other values (22)	190	11.2%

Common

Value	Count	Frequency (%)
	5	100.0%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	1709	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
a	340	19.9%
i	258	15.1%
n	167	9.8%
l	147	8.6%
o	142	8.3%
r	125	7.3%
C	118	6.9%
f	113	6.6%
e	52	3.0%
s	52	3.0%
Other values (23)	195	11.4%

place_name
Categorical

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

Monrovia city	85
League City city	18
Brawley city	16
Hamilton city	14
Madison borough	9
Other values (21)	51

Length

Max length	21
Median length	13
Mean length	13.455959
Min length	10

Characters and Unicode

Total characters	2597
Distinct characters	41
Distinct categories	3 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	10 ?
Unique (%)	5.2%

Sample

1st row	League City city
2nd row	League City city
3rd row	League City city
4th row	League City city
5th row	League City city

Common Values

Value	Count	Frequency (%)
Monrovia city	85	44.0%
League City city	18	9.3%
Brawley city	16	8.3%
Hamilton city	14	7.3%
Madison borough	9	4.7%
Milford town	8	4.1%
Alameda city	7	3.6%
Chillicothe city	5	2.6%
Vallejo city	4	2.1%
Burnsville city	4	2.1%
Other values (16)	23	11.9%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
city	192	46.7%
monrovia	85	20.7%
league	18	4.4%
brawley	16	3.9%
hamilton	14	3.4%
borough	11	2.7%
town	11	2.7%
madison	9	2.2%
milford	8	1.9%
alameda	7	1.7%
Other values (22)	40	9.7%

Most occurring characters

Value	Count	Frequency (%)
i	332	12.8%
o	259	10.0%
t	238	9.2%
	218	8.4%
y	209	8.0%
c	176	6.8%
a	174	6.7%
r	138	5.3%
n	136	5.2%
M	103	4.0%
Other values (31)	614	23.6%

Most occurring categories

Value	Count	Frequency (%)
Lowercase Letter	2160	83.2%
Uppercase Letter	219	8.4%
Space Separator	218	8.4%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
i	332	15.4%
o	259	12.0%
t	238	11.0%
y	209	9.7%
c	176	8.1%
a	174	8.1%
r	138	6.4%
n	136	6.3%
v	92	4.3%
l	90	4.2%
Other values (13)	316	14.6%

Uppercase Letter

Value	Count	Frequency (%)
M	103	47.0%
C	29	13.2%
B	23	10.5%
L	21	9.6%
H	14	6.4%
A	7	3.2%
V	4	1.8%
D	4	1.8%
W	3	1.4%
N	2	0.9%
Other values (7)	9	4.1%

Space Separator

Value	Count	Frequency (%)
	218	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	2379	91.6%
Common	218	8.4%

Most frequent character per script

Latin

Value	Count	Frequency (%)
i	332	14.0%
o	259	10.9%
t	238	10.0%
y	209	8.8%
c	176	7.4%
a	174	7.3%
r	138	5.8%
n	136	5.7%
M	103	4.3%
v	92	3.9%
Other values (30)	522	21.9%

Common

Value	Count	Frequency (%)
	218	100.0%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	2597	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
i	332	12.8%
o	259	10.0%
t	238	9.2%
	218	8.4%
y	209	8.0%
c	176	6.8%
a	174	6.7%
r	138	5.3%
n	136	5.2%
M	103	4.0%
Other values (31)	614	23.6%

place_govt
Categorical

Distinct	9
Distinct (%)	4.7%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

MUNICIPAL COUNCIL	164
SCHOOL BOARD	11
PLANNING/ZONING BOARD/COMMISSION	4
COMMITTEE	3
BOARD OF EDUCATION	3
Other values (4)	8

Length

Max length	32
Median length	17
Mean length	16.84456
Min length	7

Characters and Unicode

Total characters	3251
Distinct characters	24
Distinct categories	3 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	0 ?
Unique (%)	0.0%

Sample

1st row	MUNICIPAL COUNCIL
2nd row	MUNICIPAL COUNCIL
3rd row	MUNICIPAL COUNCIL
4th row	MUNICIPAL COUNCIL
5th row	MUNICIPAL COUNCIL

Common Values

Value	Count	Frequency (%)
MUNICIPAL COUNCIL	164	85.0%
SCHOOL BOARD	11	5.7%
PLANNING/ZONING BOARD/COMMISSION	4	2.1%
COMMITTEE	3	1.6%
BOARD OF EDUCATION	3	1.6%
UNKNOWN	2	1.0%
BOARD OF SUPERVISORS	2	1.0%
DEVELOPMENT CORPORATION	2	1.0%
OTHER BOARD	2	1.0%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
municipal	164	42.5%
council	164	42.5%
board	18	4.7%
school	11	2.8%
of	5	1.3%
planning/zoning	4	1.0%
board/commission	4	1.0%
committee	3	0.8%
education	3	0.8%
unknown	2	0.5%
Other values (4)	8	2.1%

Most occurring characters

Value	Count	Frequency (%)
I	518	15.9%
C	515	15.8%
N	365	11.2%
L	345	10.6%
U	335	10.3%
O	245	7.5%
A	195	6.0%
	193	5.9%
M	180	5.5%
P	174	5.4%
Other values (14)	186	5.7%

Most occurring categories

Value	Count	Frequency (%)
Uppercase Letter	3050	93.8%
Space Separator	193	5.9%
Other Punctuation	8	0.2%

Most frequent character per category

Uppercase Letter

Value	Count	Frequency (%)
I	518	17.0%
C	515	16.9%
N	365	12.0%
L	345	11.3%
U	335	11.0%
O	245	8.0%
A	195	6.4%
M	180	5.9%
P	174	5.7%
R	32	1.0%
Other values (12)	146	4.8%

Space Separator

Value	Count	Frequency (%)
	193	100.0%

Other Punctuation

Value	Count	Frequency (%)
/	8	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	3050	93.8%
Common	201	6.2%

Most frequent character per script

Latin

Value	Count	Frequency (%)
I	518	17.0%
C	515	16.9%
N	365	12.0%
L	345	11.3%
U	335	11.0%
O	245	8.0%
A	195	6.4%
M	180	5.9%
P	174	5.7%
R	32	1.0%
Other values (12)	146	4.8%

Common

Value	Count	Frequency (%)
	193	96.0%
/	8	4.0%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	3251	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
I	518	15.9%
C	515	15.8%
N	365	11.2%
L	345	10.6%
U	335	10.3%
O	245	7.5%
A	195	6.0%
	193	5.9%
M	180	5.5%
P	174	5.4%
Other values (14)	186	5.7%

place_Pres_dem2pv
Real number (ℝ)

Distinct	23
Distinct (%)	21.7%
Missing	87
Missing (%)	45.1%
Infinite	0
Infinite (%)	0.0%
Mean	0.51509135

Minimum	0.20774466
Maximum	0.79804354
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0.20774466
5-th percentile	0.20774466
Q1	0.41753166
median	0.58328173
Q3	0.60566971
95-th percentile	0.78917741
Maximum	0.79804354
Range	0.59029888
Interquartile range (IQR)	0.18813805

Descriptive statistics

Standard deviation	0.15516128
Coefficient of variation (CV)	0.30123061
Kurtosis	-0.19831467
Mean	0.51509135
Median Absolute Deviation (MAD)	0.089398159
Skewness	-0.43292257
Sum	54.599683
Variance	0.024075024
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=23)

Value	Count	Frequency (%)
0.6056697073	25	13.0%
0.5832817337	16	8.3%
0.2077446599	11	5.7%
0.4175316552	9	4.7%
0.3617618261	8	4.1%
0.4831204991	5	2.6%
0.7980435382	5	2.6%
0.7313799781	4	2.1%
0.512802948	4	2.1%
0.4938835744	3	1.6%
Other values (13)	16	8.3%
(Missing)	87	45.1%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0.2077446599	11	5.7%
0.2325395744	1	0.5%
0.3193045726	1	0.5%
0.3617618261	8	4.1%
0.4175316552	9	4.7%
0.4198435234	2	1.0%
0.440747643	1	0.5%
0.4467379492	1	0.5%
0.4510079147	1	0.5%
0.4831204991	5	2.6%

Value	Count	Frequency (%)
0.7980435382	5	2.6%
0.7891774052	2	1.0%
0.7313799781	4	2.1%
0.6359750796	1	0.5%
0.6275134722	1	0.5%
0.6151626947	1	0.5%
0.6056697073	25	13.0%
0.5832817337	16	8.3%
0.5679195311	1	0.5%
0.5416773184	1	0.5%

place_Pres_dem2pv_last
Real number (ℝ)

Distinct	23
Distinct (%)	21.7%
Missing	87
Missing (%)	45.1%
Infinite	0
Infinite (%)	0.0%
Mean	0.51509135

Minimum	0.20774466
Maximum	0.79804354
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0.20774466
5-th percentile	0.20774466
Q1	0.41753166
median	0.58328173
Q3	0.60566971
95-th percentile	0.78917741
Maximum	0.79804354
Range	0.59029888
Interquartile range (IQR)	0.18813805

Descriptive statistics

Standard deviation	0.15516128
Coefficient of variation (CV)	0.30123061
Kurtosis	-0.19831467
Mean	0.51509135
Median Absolute Deviation (MAD)	0.089398159
Skewness	-0.43292257
Sum	54.599683
Variance	0.024075024
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=23)

Value	Count	Frequency (%)
0.6056697073	25	13.0%
0.5832817337	16	8.3%
0.2077446599	11	5.7%
0.4175316552	9	4.7%
0.3617618261	8	4.1%
0.4831204991	5	2.6%
0.7980435382	5	2.6%
0.7313799781	4	2.1%
0.512802948	4	2.1%
0.4938835744	3	1.6%
Other values (13)	16	8.3%
(Missing)	87	45.1%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0.2077446599	11	5.7%
0.2325395744	1	0.5%
0.3193045726	1	0.5%
0.3617618261	8	4.1%
0.4175316552	9	4.7%
0.4198435234	2	1.0%
0.440747643	1	0.5%
0.4467379492	1	0.5%
0.4510079147	1	0.5%
0.4831204991	5	2.6%

Value	Count	Frequency (%)
0.7980435382	5	2.6%
0.7891774052	2	1.0%
0.7313799781	4	2.1%
0.6359750796	1	0.5%
0.6275134722	1	0.5%
0.6151626947	1	0.5%
0.6056697073	25	13.0%
0.5832817337	16	8.3%
0.5679195311	1	0.5%
0.5416773184	1	0.5%

place_Gov_dem2pv
Categorical

CONSTANT MISSING

Distinct	1
Distinct (%)	50.0%
Missing	191
Missing (%)	99.0%
Memory size	7.1 KiB

0.5467774959604331	2

Length

Max length	18
Median length	18
Mean length	18
Min length	18

Characters and Unicode

Total characters	36
Distinct characters	9
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	0 ?
Unique (%)	0.0%

Sample

1st row	0.5467774959604331
2nd row	0.5467774959604331

Common Values

Value	Count	Frequency (%)
0.5467774959604331	2	1.0%
(Missing)	191	99.0%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.5467774959604331	2	100.0%

Most occurring characters

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	34	94.4%
Other Punctuation	2	5.6%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
4	6	17.6%
7	6	17.6%
0	4	11.8%
5	4	11.8%
6	4	11.8%
9	4	11.8%
3	4	11.8%
1	2	5.9%

Other Punctuation

Value	Count	Frequency (%)
.	2	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	36	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	36	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

place_Gov_dem2pv_last
Categorical

CONSTANT MISSING

Distinct	1
Distinct (%)	50.0%
Missing	191
Missing (%)	99.0%
Memory size	7.1 KiB

0.5467774959604331	2

Length

Max length	18
Median length	18
Mean length	18
Min length	18

Characters and Unicode

Total characters	36
Distinct characters	9
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	0 ?
Unique (%)	0.0%

Sample

1st row	0.5467774959604331
2nd row	0.5467774959604331

Common Values

Value	Count	Frequency (%)
0.5467774959604331	2	1.0%
(Missing)	191	99.0%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.5467774959604331	2	100.0%

Most occurring characters

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	34	94.4%
Other Punctuation	2	5.6%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
4	6	17.6%
7	6	17.6%
0	4	11.8%
5	4	11.8%
6	4	11.8%
9	4	11.8%
3	4	11.8%
1	2	5.9%

Other Punctuation

Value	Count	Frequency (%)
.	2	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	36	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	36	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
4	6	16.7%
7	6	16.7%
0	4	11.1%
5	4	11.1%
6	4	11.1%
9	4	11.1%
3	4	11.1%
.	2	5.6%
1	2	5.6%

place_House_dem2pv
Categorical

CONSTANT MISSING

Distinct	1
Distinct (%)	100.0%
Missing	192
Missing (%)	99.5%
Memory size	7.1 KiB

0.347756741521327	1

Length

Max length	17
Median length	17
Mean length	17
Min length	17

Characters and Unicode

Total characters	17
Distinct characters	9
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	1 ?
Unique (%)	100.0%

Sample

1st row	0.347756741521327

Common Values

Value	Count	Frequency (%)
0.347756741521327	1	0.5%
(Missing)	192	99.5%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.347756741521327	1	100.0%

Most occurring characters

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	16	94.1%
Other Punctuation	1	5.9%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
7	4	25.0%
3	2	12.5%
4	2	12.5%
5	2	12.5%
1	2	12.5%
2	2	12.5%
0	1	6.2%
6	1	6.2%

Other Punctuation

Value	Count	Frequency (%)
.	1	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	17	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	17	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

place_House_dem2pv_last
Categorical

CONSTANT MISSING

Distinct	1
Distinct (%)	100.0%
Missing	192
Missing (%)	99.5%
Memory size	7.1 KiB

0.347756741521327	1

Length

Max length	17
Median length	17
Mean length	17
Min length	17

Characters and Unicode

Total characters	17
Distinct characters	9
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	1 ?
Unique (%)	100.0%

Sample

1st row	0.347756741521327

Common Values

Value	Count	Frequency (%)
0.347756741521327	1	0.5%
(Missing)	192	99.5%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.347756741521327	1	100.0%

Most occurring characters

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	16	94.1%
Other Punctuation	1	5.9%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
7	4	25.0%
3	2	12.5%
4	2	12.5%
5	2	12.5%
1	2	12.5%
2	2	12.5%
0	1	6.2%
6	1	6.2%

Other Punctuation

Value	Count	Frequency (%)
.	1	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	17	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	17	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
7	4	23.5%
3	2	11.8%
4	2	11.8%
5	2	11.8%
1	2	11.8%
2	2	11.8%
0	1	5.9%
.	1	5.9%
6	1	5.9%

place_Sen_dem2pv
Real number (ℝ)

Distinct	12
Distinct (%)	32.4%
Missing	156
Missing (%)	80.8%
Infinite	0
Infinite (%)	0.0%
Mean	0.40085616

Minimum	0.22736301
Maximum	0.70916932
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0.22736301
5-th percentile	0.22736301
Q1	0.22736301
median	0.3775566
Q3	0.46023969
95-th percentile	0.70662435
Maximum	0.70916932
Range	0.48180631
Interquartile range (IQR)	0.23287668

Descriptive statistics

Standard deviation	0.15119633
Coefficient of variation (CV)	0.3771835
Kurtosis	-0.46436315
Mean	0.40085616
Median Absolute Deviation (MAD)	0.13899732
Skewness	0.52942219
Sum	14.831678
Variance	0.02286033
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=12)

Value	Count	Frequency (%)
0.2273630135	11	5.7%
0.3775565958	8	4.1%
0.4420499242	4	2.1%
0.4602396942	3	1.6%
0.5626742554	2	1.0%
0.7066243478	2	1.0%
0.445680429	2	1.0%
0.5635678117	1	0.5%
0.5165539143	1	0.5%
0.673540128	1	0.5%
Other values (2)	2	1.0%
(Missing)	156	80.8%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0.2273630135	11	5.7%
0.2685240028	1	0.5%
0.3775565958	8	4.1%
0.4420499242	4	2.1%
0.445680429	2	1.0%
0.4602396942	3	1.6%
0.5165539143	1	0.5%
0.5626742554	2	1.0%
0.5635678117	1	0.5%
0.673540128	1	0.5%

Value	Count	Frequency (%)
0.7091693241	1	0.5%
0.7066243478	2	1.0%
0.673540128	1	0.5%
0.5635678117	1	0.5%
0.5626742554	2	1.0%
0.5165539143	1	0.5%
0.4602396942	3	1.6%
0.445680429	2	1.0%
0.4420499242	4	2.1%
0.3775565958	8	4.1%

place_Sen_dem2pv_last
Real number (ℝ)

Distinct	12
Distinct (%)	32.4%
Missing	156
Missing (%)	80.8%
Infinite	0
Infinite (%)	0.0%
Mean	0.40085616

Minimum	0.22736301
Maximum	0.70916932
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0.22736301
5-th percentile	0.22736301
Q1	0.22736301
median	0.3775566
Q3	0.46023969
95-th percentile	0.70662435
Maximum	0.70916932
Range	0.48180631
Interquartile range (IQR)	0.23287668

Descriptive statistics

Standard deviation	0.15119633
Coefficient of variation (CV)	0.3771835
Kurtosis	-0.46436315
Mean	0.40085616
Median Absolute Deviation (MAD)	0.13899732
Skewness	0.52942219
Sum	14.831678
Variance	0.02286033
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=12)

Value	Count	Frequency (%)
0.2273630135	11	5.7%
0.3775565958	8	4.1%
0.4420499242	4	2.1%
0.4602396942	3	1.6%
0.5626742554	2	1.0%
0.7066243478	2	1.0%
0.445680429	2	1.0%
0.5635678117	1	0.5%
0.5165539143	1	0.5%
0.673540128	1	0.5%
Other values (2)	2	1.0%
(Missing)	156	80.8%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0.2273630135	11	5.7%
0.2685240028	1	0.5%
0.3775565958	8	4.1%
0.4420499242	4	2.1%
0.445680429	2	1.0%
0.4602396942	3	1.6%
0.5165539143	1	0.5%
0.5626742554	2	1.0%
0.5635678117	1	0.5%
0.673540128	1	0.5%

Value	Count	Frequency (%)
0.7091693241	1	0.5%
0.7066243478	2	1.0%
0.673540128	1	0.5%
0.5635678117	1	0.5%
0.5626742554	2	1.0%
0.5165539143	1	0.5%
0.4602396942	3	1.6%
0.445680429	2	1.0%
0.4420499242	4	2.1%
0.3775565958	8	4.1%

census_2010_pop
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	47018.078

Minimum	397
Maximum	600158
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	397
5-th percentile	502
Q1	24953
median	36590
Q3	36590
95-th percentile	89124.4
Maximum	600158
Range	599761
Interquartile range (IQR)	11637

Descriptive statistics

Standard deviation	75484.586
Coefficient of variation (CV)	1.6054375
Kurtosis	40.566591
Mean	47018.078
Median Absolute Deviation (MAD)	11637
Skewness	6.021447
Sum	9074489
Variance	5.6979228 × 10⁹
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
36590	85	44.0%
83560	18	9.3%
24953	16	8.3%
6885	14	7.3%
397	9	4.7%
728	8	4.1%
73812	7	3.6%
21901	5	2.6%
115942	4	2.1%
60306	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
397	9	4.7%
502	2	1.0%
509	2	1.0%
728	8	4.1%
3677	1	0.5%
6885	14	7.3%
7883	1	0.5%
8901	1	0.5%
11773	1	0.5%
17479	1	0.5%

Value	Count	Frequency (%)
600158	1	0.5%
583776	2	1.0%
291707	1	0.5%
115942	4	2.1%
97471	2	1.0%
83560	18	9.3%
73812	7	3.6%
73580	1	0.5%
60306	4	2.1%
49963	2	1.0%

census_2010_pop_est
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	47149.917

Minimum	397
Maximum	603300
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	397
5-th percentile	505
Q1	25019
median	36605
Q3	36605
95-th percentile	89654.2
Maximum	603300
Range	602903
Interquartile range (IQR)	11586

Descriptive statistics

Standard deviation	75774.224
Coefficient of variation (CV)	1.6070913
Kurtosis	40.553772
Mean	47149.917
Median Absolute Deviation (MAD)	11586
Skewness	6.0197871
Sum	9099934
Variance	5.741733 × 10⁹
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
36605	85	44.0%
84085	18	9.3%
25019	16	8.3%
6889	14	7.3%
397	9	4.7%
731	8	4.1%
73969	7	3.6%
21902	5	2.6%
116187	4	2.1%
60412	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
397	9	4.7%
505	2	1.0%
506	2	1.0%
731	8	4.1%
3683	1	0.5%
6889	14	7.3%
7899	1	0.5%
8940	1	0.5%
11796	1	0.5%
17511	1	0.5%

Value	Count	Frequency (%)
603300	1	0.5%
585427	2	1.0%
292566	1	0.5%
116187	4	2.1%
98008	2	1.0%
84085	18	9.3%
73970	1	0.5%
73969	7	3.6%
60412	4	2.1%
51058	2	1.0%

census_2015_pop_est
Real number (ℝ)

Distinct	25
Distinct (%)	13.0%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	50361.161

Minimum	379
Maximum	682545
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	379
5-th percentile	518
Q1	25897
median	37463
Q3	37463
95-th percentile	102308.8
Maximum	682545
Range	682166
Interquartile range (IQR)	11566

Descriptive statistics

Standard deviation	83390.35
Coefficient of variation (CV)	1.6558465
Kurtosis	40.712202
Mean	50361.161
Median Absolute Deviation (MAD)	11566
Skewness	6.014808
Sum	9719704
Variance	6.9539505 × 10⁹
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=25)

Value	Count	Frequency (%)
37463	85	44.0%
98312	18	9.3%
25897	16	8.3%
6772	14	7.3%
379	9	4.7%
739	8	4.1%
78630	7	3.6%
21727	5	2.6%
121253	4	2.1%
61481	4	2.1%
Other values (15)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
379	9	4.7%
518	4	2.1%
739	8	4.1%
3626	1	0.5%
6772	14	7.3%
8091	1	0.5%
9117	1	0.5%
11936	1	0.5%
18001	1	0.5%
19638	3	1.6%

Value	Count	Frequency (%)
682545	1	0.5%
632309	2	1.0%
305658	1	0.5%
121253	4	2.1%
108304	2	1.0%
98312	18	9.3%
82830	1	0.5%
78630	7	3.6%
61481	4	2.1%
52472	2	1.0%

acs_2018_white
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	34324.87

Minimum	348
Maximum	530278
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	348
5-th percentile	412
Q1	20562
median	23504
Q3	23504
95-th percentile	81136
Maximum	530278
Range	529930
Interquartile range (IQR)	2942

Descriptive statistics

Standard deviation	63473.571
Coefficient of variation (CV)	1.8492006
Kurtosis	46.357702
Mean	34324.87
Median Absolute Deviation (MAD)	2942
Skewness	6.5132732
Sum	6624700
Variance	4.0288942 × 10⁹
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
23504	85	44.0%
81136	18	9.3%
20562	16	8.3%
5801	14	7.3%
348	9	4.7%
520	8	4.1%
38101	7	3.6%
18638	5	2.6%
44328	4	2.1%
44554	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
348	9	4.7%
412	2	1.0%
511	2	1.0%
520	8	4.1%
3610	1	0.5%
5186	1	0.5%
5801	14	7.3%
6909	1	0.5%
10172	1	0.5%
12951	1	0.5%

Value	Count	Frequency (%)
530278	1	0.5%
492964	2	1.0%
136941	1	0.5%
81136	18	9.3%
66403	1	0.5%
50724	2	1.0%
44554	4	2.1%
44328	4	2.1%
38101	7	3.6%
33907	1	0.5%

acs_2018_black
Real number (ℝ)

Distinct	23
Distinct (%)	11.9%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	4464.171

Minimum	0
Maximum	64881
Zeros	14
Zeros (%)	7.3%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0
5-th percentile	0
Q1	603
median	2222
Q3	2222
95-th percentile	19001.8
Maximum	64881
Range	64881
Interquartile range (IQR)	1619

Descriptive statistics

Standard deviation	8762.522
Coefficient of variation (CV)	1.9628554
Kurtosis	21.031701
Mean	4464.171
Median Absolute Deviation (MAD)	1294
Skewness	4.3208164
Sum	861585
Variance	76781791
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=23)

Value	Count	Frequency (%)
2222	85	44.0%
8009	18	9.3%
474	16	8.3%
0	14	7.3%
603	14	7.3%
142	8	4.1%
5607	7	3.6%
1600	5	2.6%
8293	4	2.1%
25657	4	2.1%
Other values (13)	18	9.3%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0	14	7.3%
141	1	0.5%
142	8	4.1%
474	16	8.3%
603	14	7.3%
928	1	0.5%
1049	1	0.5%
1088	1	0.5%
1600	5	2.6%
1877	1	0.5%

Value	Count	Frequency (%)
64881	1	0.5%
50569	2	1.0%
36801	2	1.0%
36238	1	0.5%
25657	4	2.1%
14565	2	1.0%
8293	4	2.1%
8009	18	9.3%
6219	1	0.5%
6063	1	0.5%

acs_2018_hispanic
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	14206.979

Minimum	20
Maximum	209859
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	20
5-th percentile	32
Q1	4396
median	15062
Q3	15062
95-th percentile	21527
Maximum	209859
Range	209839
Interquartile range (IQR)	10666

Descriptive statistics

Standard deviation	18904.407
Coefficient of variation (CV)	1.3306423
Kurtosis	66.395091
Mean	14206.979
Median Absolute Deviation (MAD)	5209
Skewness	7.0962457
Sum	2741947
Variance	3.573766 × 10⁸
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
15062	85	44.0%
20271	18	9.3%
21527	16	8.3%
176	14	7.3%
20	9	4.7%
103	8	4.1%
9406	7	3.6%
175	5	2.6%
30875	4	2.1%
4816	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
20	9	4.7%
32	2	1.0%
103	8	4.1%
175	5	2.6%
176	14	7.3%
183	2	1.0%
325	1	0.5%
384	1	0.5%
644	1	0.5%
1002	1	0.5%

Value	Count	Frequency (%)
209859	1	0.5%
128796	1	0.5%
62095	2	1.0%
30875	4	2.1%
21527	16	8.3%
20271	18	9.3%
15062	85	44.0%
11631	2	1.0%
9458	2	1.0%
9406	7	3.6%

acs_2018_pop
Real number (ℝ)

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	50534.01

Minimum	354
Maximum	693417
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	354
5-th percentile	419
Q1	26009
median	37006
Q3	37006
95-th percentile	104453.6
Maximum	693417
Range	693063
Interquartile range (IQR)	10997

Descriptive statistics

Standard deviation	84522.516
Coefficient of variation (CV)	1.6725867
Kurtosis	40.754521
Mean	50534.01
Median Absolute Deviation (MAD)	10997
Skewness	6.0164324
Sum	9753064
Variance	7.1440557 × 10⁹
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=26)

Value	Count	Frequency (%)
37006	85	44.0%
100832	18	9.3%
26009	16	8.3%
6664	14	7.3%
354	9	4.7%
732	8	4.1%
78462	7	3.6%
21717	5	2.6%
120977	4	2.1%
61283	4	2.1%
Other values (16)	23	11.9%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
354	9	4.7%
419	2	1.0%
535	2	1.0%
732	8	4.1%
3707	1	0.5%
6664	14	7.3%
8122	1	0.5%
9176	1	0.5%
12348	1	0.5%
17694	1	0.5%

Value	Count	Frequency (%)
693417	1	0.5%
639387	2	1.0%
306283	1	0.5%
120977	4	2.1%
109886	2	1.0%
100832	18	9.3%
83736	1	0.5%
78462	7	3.6%
61283	4	2.1%
52524	2	1.0%

channel_id
Categorical

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

UCHTCdEqIHtQ2VYnAKNNtC9A	85
UCadNIUcS5YV31Ytn75O9DDg	18
UCcsLK_ugpat1vd9nX7K0gnA	16
UCZ47nYYggC17NbmBs0Mx3Ww	14
UCWM-w2gg98YA7A4lL0QuOmw	9
Other values (21)	51

Length

Max length	24
Median length	24
Mean length	24
Min length	24

Characters and Unicode

Total characters	4632
Distinct characters	64
Distinct categories	5 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	10 ?
Unique (%)	5.2%

Sample

1st row	UCadNIUcS5YV31Ytn75O9DDg
2nd row	UCadNIUcS5YV31Ytn75O9DDg
3rd row	UCadNIUcS5YV31Ytn75O9DDg
4th row	UCadNIUcS5YV31Ytn75O9DDg
5th row	UCadNIUcS5YV31Ytn75O9DDg

Common Values

Value	Count	Frequency (%)
UCHTCdEqIHtQ2VYnAKNNtC9A	85	44.0%
UCadNIUcS5YV31Ytn75O9DDg	18	9.3%
UCcsLK_ugpat1vd9nX7K0gnA	16	8.3%
UCZ47nYYggC17NbmBs0Mx3Ww	14	7.3%
UCWM-w2gg98YA7A4lL0QuOmw	9	4.7%
UC1vJ2wwaeq4fRI0wydPVsUA	8	4.1%
UCjOQ3Da3LrsK4dGgoEcapTQ	7	3.6%
UC_47jW41EQSvpY3xZikr43A	5	2.6%
UCBWmfj8_tLtRsp84--nVUqw	4	2.1%
UC8cdyuA_-mV08J7GHRcc1aA	4	2.1%
Other values (16)	23	11.9%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
uchtcdeqihtq2vynaknntc9a	85	44.0%
ucadniucs5yv31ytn75o9ddg	18	9.3%
uccslk_ugpat1vd9nx7k0gna	16	8.3%
ucz47nyyggc17nbmbs0mx3ww	14	7.3%
ucwm-w2gg98ya7a4ll0quomw	9	4.7%
uc1vj2wwaeq4fri0wydpvsua	8	4.1%
ucjoq3da3lrsk4dggoecaptq	7	3.6%
uc_47jw41eqsvpy3xzikr43a	5	2.6%
ucbwmfj8_tltrsp84--nvuqw	4	2.1%
uc8cdyua_-mv08j7ghrcc1aa	4	2.1%
Other values (16)	23	11.9%

Most occurring characters

Value	Count	Frequency (%)
C	384	8.3%
A	237	5.1%
U	227	4.9%
t	216	4.7%
N	210	4.5%
H	181	3.9%
Y	168	3.6%
n	161	3.5%
d	149	3.2%
K	133	2.9%
Other values (54)	2566	55.4%

Most occurring categories

Value	Count	Frequency (%)
Uppercase Letter	2482	53.6%
Lowercase Letter	1409	30.4%
Decimal Number	683	14.7%
Connector Punctuation	31	0.7%
Dash Punctuation	27	0.6%

Most frequent character per category

Uppercase Letter

Value	Count	Frequency (%)
C	384	15.5%
A	237	9.5%
U	227	9.1%
N	210	8.5%
H	181	7.3%
Y	168	6.8%
K	133	5.4%
V	128	5.2%
Q	127	5.1%
I	115	4.6%
Other values (16)	572	23.0%

Lowercase Letter

Value	Count	Frequency (%)
t	216	15.3%
n	161	11.4%
d	149	10.6%
g	115	8.2%
q	104	7.4%
w	79	5.6%
a	68	4.8%
s	64	4.5%
c	63	4.5%
m	45	3.2%
Other values (16)	345	24.5%

Decimal Number

Value	Count	Frequency (%)
9	132	19.3%
2	111	16.3%
7	87	12.7%
4	73	10.7%
1	72	10.5%
3	65	9.5%
0	60	8.8%
5	42	6.1%
8	32	4.7%
6	9	1.3%

Connector Punctuation

Value	Count	Frequency (%)
_	31	100.0%

Dash Punctuation

Value	Count	Frequency (%)
-	27	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	3891	84.0%
Common	741	16.0%

Most frequent character per script

Latin

Value	Count	Frequency (%)
C	384	9.9%
A	237	6.1%
U	227	5.8%
t	216	5.6%
N	210	5.4%
H	181	4.7%
Y	168	4.3%
n	161	4.1%
d	149	3.8%
K	133	3.4%
Other values (42)	1825	46.9%

Common

Value	Count	Frequency (%)
9	132	17.8%
2	111	15.0%
7	87	11.7%
4	73	9.9%
1	72	9.7%
3	65	8.8%
0	60	8.1%
5	42	5.7%
8	32	4.3%
_	31	4.2%
Other values (2)	36	4.9%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	4632	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
C	384	8.3%
A	237	5.1%
U	227	4.9%
t	216	4.7%
N	210	4.5%
H	181	3.9%
Y	168	3.6%
n	161	3.5%
d	149	3.2%
K	133	2.9%
Other values (54)	2566	55.4%

channel_title
Categorical

Distinct	26
Distinct (%)	13.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

KGEM-TV	85
Jimmy Trojanowski	18
Sky Ainsworth	16
49 County News.Net	14
RosenetTV	9
Other values (21)	51

Length

Max length	25
Median length	24
Mean length	11.119171
Min length	7

Characters and Unicode

Total characters	2146
Distinct characters	53
Distinct categories	8 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	10 ?
Unique (%)	5.2%

Sample

1st row	Jimmy Trojanowski
2nd row	Jimmy Trojanowski
3rd row	Jimmy Trojanowski
4th row	Jimmy Trojanowski
5th row	Jimmy Trojanowski

Common Values

Value	Count	Frequency (%)
KGEM-TV	85	44.0%
Jimmy Trojanowski	18	9.3%
Sky Ainsworth	16	8.3%
49 County News.Net	14	7.3%
RosenetTV	9	4.7%
EllisCountyPress	8	4.1%
Lauren Do	7	3.6%
ichillicothe	5	2.6%
IBVALLEJO	4	2.1%
mnsunvideo	4	2.1%
Other values (16)	23	11.9%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
kgem-tv	85	28.9%
trojanowski	18	6.1%
jimmy	18	6.1%
sky	16	5.4%
ainsworth	16	5.4%
county	16	5.4%
49	14	4.8%
news.net	14	4.8%
rosenettv	9	3.1%
elliscountypress	8	2.7%
Other values (35)	80	27.2%

Most occurring characters

Value	Count	Frequency (%)
o	128	6.0%
T	114	5.3%
	101	4.7%
n	100	4.7%
V	99	4.6%
E	98	4.6%
e	98	4.6%
s	97	4.5%
i	95	4.4%
t	92	4.3%
Other values (43)	1124	52.4%

Most occurring categories

Value	Count	Frequency (%)
Lowercase Letter	1119	52.1%
Uppercase Letter	792	36.9%
Space Separator	101	4.7%
Dash Punctuation	85	4.0%
Decimal Number	28	1.3%
Other Punctuation	19	0.9%
Open Punctuation	1	< 0.1%
Close Punctuation	1	< 0.1%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
o	128	11.4%
n	100	8.9%
e	98	8.8%
s	97	8.7%
i	95	8.5%
t	92	8.2%
r	75	6.7%
y	67	6.0%
w	50	4.5%
l	48	4.3%
Other values (13)	269	24.0%

Uppercase Letter

Value	Count	Frequency (%)
T	114	14.4%
V	99	12.5%
E	98	12.4%
K	88	11.1%
M	85	10.7%
G	85	10.7%
C	36	4.5%
N	33	4.2%
A	24	3.0%
S	24	3.0%
Other values (12)	106	13.4%

Decimal Number

Value	Count	Frequency (%)
9	14	50.0%
4	14	50.0%

Other Punctuation

Value	Count	Frequency (%)
.	14	73.7%
,	5	26.3%

Space Separator

Value	Count	Frequency (%)
	101	100.0%

Dash Punctuation

Value	Count	Frequency (%)
-	85	100.0%

Open Punctuation

Value	Count	Frequency (%)
(	1	100.0%

Close Punctuation

Value	Count	Frequency (%)
)	1	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	1911	89.0%
Common	235	11.0%

Most frequent character per script

Latin

Value	Count	Frequency (%)
o	128	6.7%
T	114	6.0%
n	100	5.2%
V	99	5.2%
E	98	5.1%
e	98	5.1%
s	97	5.1%
i	95	5.0%
t	92	4.8%
K	88	4.6%
Other values (35)	902	47.2%

Common

Value	Count	Frequency (%)
	101	43.0%
-	85	36.2%
9	14	6.0%
.	14	6.0%
4	14	6.0%
,	5	2.1%
(	1	0.4%
)	1	0.4%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	2146	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
o	128	6.0%
T	114	5.3%
	101	4.7%
n	100	4.7%
V	99	4.6%
E	98	4.6%
e	98	4.6%
s	97	4.5%
i	95	4.4%
t	92	4.3%
Other values (43)	1124	52.4%

vid_id
Categorical

HIGH CARDINALITY UNIFORM UNIQUE

Distinct	193
Distinct (%)	100.0%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

JSTYbP5HvZQ	1
EL-XXqBlNxc	1
4Wd6h4ig7rg	1
kku4FymGibo	1
WkxN91nHNbM	1
Other values (188)	188

Length

Max length	11
Median length	11
Mean length	11
Min length	11

Characters and Unicode

Total characters	2123
Distinct characters	64
Distinct categories	5 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	193 ?
Unique (%)	100.0%

Sample

1st row	JSTYbP5HvZQ
2nd row	UbL-PG4H2kQ
3rd row	8foq04n_dYU
4th row	KUXXWr_l8D8
5th row	qGtr7TxXdIE

Common Values

Value	Count	Frequency (%)
JSTYbP5HvZQ	1	0.5%
EL-XXqBlNxc	1	0.5%
4Wd6h4ig7rg	1	0.5%
kku4FymGibo	1	0.5%
WkxN91nHNbM	1	0.5%
DEMx_x6hhp8	1	0.5%
Z1IxNNYpHYo	1	0.5%
RMae7Po-V40	1	0.5%
jvM_M_RE56s	1	0.5%
3A3OWJopUj4	1	0.5%
Other values (183)	183	94.8%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
jstybp5hvzq	1	0.5%
ubl-pg4h2kq	1	0.5%
hadxldduqqo	1	0.5%
8foq04n_dyu	1	0.5%
kuxxwr_l8d8	1	0.5%
qgtr7txxdie	1	0.5%
0bhgnnosa-k	1	0.5%
4jq6wpkpjqe	1	0.5%
yoxbfoegqta	1	0.5%
z-tncjy4ccq	1	0.5%
Other values (183)	183	94.8%

Most occurring characters

Value	Count	Frequency (%)
k	61	2.9%
A	56	2.6%
o	52	2.4%
8	48	2.3%
M	46	2.2%
4	45	2.1%
Q	44	2.1%
s	43	2.0%
I	43	2.0%
0	42	2.0%
Other values (54)	1643	77.4%

Most occurring categories

Value	Count	Frequency (%)
Uppercase Letter	865	40.7%
Lowercase Letter	847	39.9%
Decimal Number	344	16.2%
Dash Punctuation	39	1.8%
Connector Punctuation	28	1.3%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
k	61	7.2%
o	52	6.1%
s	43	5.1%
w	42	5.0%
c	41	4.8%
r	38	4.5%
x	37	4.4%
g	35	4.1%
q	34	4.0%
b	34	4.0%
Other values (16)	430	50.8%

Uppercase Letter

Value	Count	Frequency (%)
A	56	6.5%
M	46	5.3%
Q	44	5.1%
I	43	5.0%
U	40	4.6%
E	38	4.4%
D	37	4.3%
X	35	4.0%
J	34	3.9%
Y	33	3.8%
Other values (16)	459	53.1%

Decimal Number

Value	Count	Frequency (%)
8	48	14.0%
4	45	13.1%
0	42	12.2%
3	35	10.2%
6	34	9.9%
9	32	9.3%
1	30	8.7%
5	29	8.4%
2	25	7.3%
7	24	7.0%

Dash Punctuation

Value	Count	Frequency (%)
-	39	100.0%

Connector Punctuation

Value	Count	Frequency (%)
_	28	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	1712	80.6%
Common	411	19.4%

Most frequent character per script

Latin

Value	Count	Frequency (%)
k	61	3.6%
A	56	3.3%
o	52	3.0%
M	46	2.7%
Q	44	2.6%
s	43	2.5%
I	43	2.5%
w	42	2.5%
c	41	2.4%
U	40	2.3%
Other values (42)	1244	72.7%

Common

Value	Count	Frequency (%)
8	48	11.7%
4	45	10.9%
0	42	10.2%
-	39	9.5%
3	35	8.5%
6	34	8.3%
9	32	7.8%
1	30	7.3%
5	29	7.1%
_	28	6.8%
Other values (2)	49	11.9%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	2123	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
k	61	2.9%
A	56	2.6%
o	52	2.4%
8	48	2.3%
M	46	2.2%
4	45	2.1%
Q	44	2.1%
s	43	2.0%
I	43	2.0%
0	42	2.0%
Other values (54)	1643	77.4%

vid_title
Categorical

HIGH CARDINALITY UNIFORM

Distinct	192
Distinct (%)	99.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

Italy: City Council-AKA Ellis County's Italian Mafia	2
League City Council Meeting for November 14, 2006	1
Calexico City Council Sept 16, 08. Pt 1	1
Hamilton City Council Meeting 06/16/2008	1
Hamilton City Council Meeting 01/07/2008	1
Other values (187)	187

Length

Max length	99
Median length	67
Mean length	53.212435
Min length	16

Characters and Unicode

Total characters	10270
Distinct characters	72
Distinct categories	7 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	191 ?
Unique (%)	99.0%

Sample

1st row	League City Council Meeting for November 14, 2006
2nd row	League City Council Meeting for October 24, 2006
3rd row	League City Council Meeting for December 12, 2006
4th row	League City Council Meeting for November 28, 2006
5th row	League City Council Meeting for October 10, 2006

Common Values

Value	Count	Frequency (%)
Italy: City Council-AKA Ellis County's Italian Mafia	2	1.0%
League City Council Meeting for November 14, 2006	1	0.5%
Calexico City Council Sept 16, 08. Pt 1	1	0.5%
Hamilton City Council Meeting 06/16/2008	1	0.5%
Hamilton City Council Meeting 01/07/2008	1	0.5%
Quartzsite Mayor Special Meeting on Cops Shop 06012011.wmv	1	0.5%
AUSD School Board Meeting -- January 22, 2008	1	0.5%
AUSD School Board Meeting -- February 12, 2008	1	0.5%
AUSD School Board Meeting -- January 8, 2008 -- Part 2 of 3	1	0.5%
AUSD School Board Meeting -- January 8, 2008 -- part 1 of 3	1	0.5%
Other values (182)	182	94.3%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
	208	11.6%
meeting	157	8.7%
council	146	8.1%
city	138	7.7%
2007	61	3.4%
monrovia	49	2.7%
regular	47	2.6%
2008	39	2.2%
madre	35	1.9%
sierra	35	1.9%
Other values (293)	884	49.1%

Most occurring characters

Value	Count	Frequency (%)
	1612	15.7%
e	727	7.1%
i	693	6.7%
o	513	5.0%
n	496	4.8%
r	463	4.5%
t	449	4.4%
a	446	4.3%
C	364	3.5%
0	359	3.5%
Other values (62)	4148	40.4%

Most occurring categories

Value	Count	Frequency (%)
Lowercase Letter	5820	56.7%
Space Separator	1612	15.7%
Uppercase Letter	1273	12.4%
Decimal Number	1046	10.2%
Other Punctuation	270	2.6%
Math Symbol	184	1.8%
Dash Punctuation	65	0.6%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
e	727	12.5%
i	693	11.9%
o	513	8.8%
n	496	8.5%
r	463	8.0%
t	449	7.7%
a	446	7.7%
l	328	5.6%
u	310	5.3%
g	260	4.5%
Other values (16)	1135	19.5%

Uppercase Letter

Value	Count	Frequency (%)
C	364	28.6%
M	298	23.4%
S	88	6.9%
A	77	6.0%
R	63	4.9%
P	52	4.1%
J	39	3.1%
B	38	3.0%
D	34	2.7%
N	30	2.4%
Other values (15)	190	14.9%

Decimal Number

Value	Count	Frequency (%)
0	359	34.3%
2	244	23.3%
1	145	13.9%
8	91	8.7%
7	85	8.1%
6	41	3.9%
3	32	3.1%
5	20	1.9%
4	17	1.6%
9	12	1.1%

Other Punctuation

Value	Count	Frequency (%)
,	189	70.0%
/	29	10.7%
"	25	9.3%
.	14	5.2%
:	5	1.9%
'	4	1.5%
!	3	1.1%
&	1	0.4%

Space Separator

Value	Count	Frequency (%)
	1612	100.0%

Math Symbol

Value	Count	Frequency (%)
\|	184	100.0%

Dash Punctuation

Value	Count	Frequency (%)
-	65	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	7093	69.1%
Common	3177	30.9%

Most frequent character per script

Latin

Value	Count	Frequency (%)
e	727	10.2%
i	693	9.8%
o	513	7.2%
n	496	7.0%
r	463	6.5%
t	449	6.3%
a	446	6.3%
C	364	5.1%
l	328	4.6%
u	310	4.4%
Other values (41)	2304	32.5%

Common

Value	Count	Frequency (%)
	1612	50.7%
0	359	11.3%
2	244	7.7%
,	189	5.9%
\|	184	5.8%
1	145	4.6%
8	91	2.9%
7	85	2.7%
-	65	2.0%
6	41	1.3%
Other values (11)	162	5.1%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	10270	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
	1612	15.7%
e	727	7.1%
i	693	6.7%
o	513	5.0%
n	496	4.8%
r	463	4.5%
t	449	4.4%
a	446	4.3%
C	364	3.5%
0	359	3.5%
Other values (62)	4148	40.4%

vid_desc
Categorical

Distinct	163
Distinct (%)	84.9%
Missing	1
Missing (%)	0.5%
Memory size	7.1 KiB

This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	17
A video recording of the February 8, 2010 Madison Borough Council meeting	9
Chillicothe Ohio City Council Meeting 12-01-2008<newline>http://www.ichillicothe.com	3
Chillicothe Ohio City Council Meeting 12-01-2008<newline>http://www.chillicothe.com	2
Scanning the council meeting. Dec.8,2008	2
Other values (158)	159

Length

Max length	3357
Median length	540
Mean length	372.54167
Min length	16

Characters and Unicode

Total characters	71528
Distinct characters	95
Distinct categories	14 ?
Distinct scripts	2 ?
Distinct blocks	4 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	157 ?
Unique (%)	81.8%

Sample

1st row	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski
2nd row	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski
3rd row	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski
4th row	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski
5th row	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski

Common Values

Value	Count	Frequency (%)
This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	17	8.8%
A video recording of the February 8, 2010 Madison Borough Council meeting	9	4.7%
Chillicothe Ohio City Council Meeting 12-01-2008<newline>http://www.ichillicothe.com	3	1.6%
Chillicothe Ohio City Council Meeting 12-01-2008<newline>http://www.chillicothe.com	2	1.0%
Scanning the council meeting. Dec.8,2008	2	1.0%
Alameda Unified School District School Board Meeting on January 8, 2008. Part 2 of 3<newline><newline>Agenda items of note: GASB 45, Budget Development Calendar, Consideration of Community Learning Center Charter School Applicatio	2	1.0%
City of Calexico Planning Commission Meeting. 6:30 p.m. Guillermo Hermosillo Vice Chairperson Commissioner: Iran Martinez Arturo Selwick Edward Higuera Armando G. Villa Cole Boulevard and west of Meadows Ave project site. Housing Element Update. Conformity with City's General Plan for the Proposed Redevelopment Agency Land Transfer Agreement with Merva Kelada. Hilda Mendoza Deputy City Attorney. Raney Planning & Management INC. www.raneymanagement.com Laurin Associates. Sphere Infill parcels non-vacant underutilized overpayment fees codes enforcement disabilities boarding joint workshop wildcard factor HCD CEQA	1	0.5%
September 9, 2008. Mayor Louis Fuentes.	1	0.5%
Quartzsite Mayor Special Meeting on Cops Shop 06-01-2011<newline><newline>The sitting Town Council were a No Show on the advise of the Town Attorney and prier obligations. <newline><newline>The real questions are, \are the citizens of Quartzsite really safe without fear of retaliation or reprisals from the disgruntled Officers\, \will they continue to do the job they are hired for\, \Whom can be trusted on the police force now\, this is what the citizens are asking???? <newline><newline>This questionable Special Town Council Meeting was called by censured Mayor Ed Foster to talk about Chief Jeff Gilbert and the investigation of complaints against him. This meeting appears to be designed to deny Chief Gilbert his due process and try him in the court of public opinion before the investigations could be conducted. Allegedly censured Mayor Ed Foster, Recalled ex-Councilman Bill Moore, Dog Groomer Jennifer \Jade\ Harris-Jones, Councilman Lizarraga, Michael Roth, and others orchestrated this meeting. It appeared to this reporter, to be like a public lynching, to force the sitting Council to fire Chief Gilbert. It is a publicly known fact that some of these characters have stated they want Chief Jeff Gilbert, Alex Taft, Dan Fields, Al Johnson, and the Town Attorney fired, as far back as 3 years ago. In recent times, the attacks on Community leaders have been unrelenting without due process.<newline>It is interesting to note that a large number of the people that attended this meeting do not attend regular council meetings. There was an e-mail campaign to gain support for this meeting. <newline>It is also interesting to note that none of the 9 officers and one clerk, who filed the complaints, spoke at the meeting inside town hall. There was a great deal of conversation with 2 other out of town media reporters outside on the town hall steps, but none of them would talk to the local \legal\ news paper in Quartzsite (the one that has a business license to operate in Quartzsite) The Desert MESSENGER. <newline>Allegedly the desert freedom press publisher is operating without a business license and will be in court in July on this and other charges.<newline>Stay Tuned for more information in coming months.	1	0.5%
Alameda Unified School District Board meeting on January 22, 2008.<newline><newline>Agenda items of note: Possible impact of Governor's proposed budget, public hearing on new charter school application for Renaissance Leadership Academy	1	0.5%
Other values (153)	153	79.3%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
of	447	4.7%
the	440	4.6%
city	270	2.8%
	229	2.4%
to	191	2.0%
council	170	1.8%
and	143	1.5%
meeting	138	1.4%
for	107	1.1%
a	105	1.1%
Other values (2357)	7368	76.7%

Most occurring characters

Value	Count	Frequency (%)
	9827	13.7%
e	6425	9.0%
n	4894	6.8%
i	4503	6.3%
o	4015	5.6%
t	3675	5.1%
a	3118	4.4%
r	2852	4.0%
l	2688	3.8%
s	1987	2.8%
Other values (85)	27544	38.5%

Most occurring categories

Value	Count	Frequency (%)
Lowercase Letter	47101	65.8%
Space Separator	9827	13.7%
Uppercase Letter	8081	11.3%
Decimal Number	2448	3.4%
Math Symbol	1810	2.5%
Other Punctuation	1703	2.4%
Dash Punctuation	371	0.5%
Close Punctuation	52	0.1%
Open Punctuation	51	0.1%
Currency Symbol	32	< 0.1%
Other values (4)	52	0.1%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
e	6425	13.6%
n	4894	10.4%
i	4503	9.6%
o	4015	8.5%
t	3675	7.8%
a	3118	6.6%
r	2852	6.1%
l	2688	5.7%
s	1987	4.2%
w	1465	3.1%
Other values (17)	11479	24.4%

Uppercase Letter

Value	Count	Frequency (%)
C	1118	13.8%
A	705	8.7%
M	699	8.6%
T	542	6.7%
E	456	5.6%
S	440	5.4%
N	424	5.2%
R	412	5.1%
P	409	5.1%
I	356	4.4%
Other values (16)	2520	31.2%

Other Punctuation

Value	Count	Frequency (%)
.	722	42.4%
,	659	38.7%
:	100	5.9%
/	69	4.1%
'	45	2.6%
\	37	2.2%
;	31	1.8%
&	15	0.9%
?	8	0.5%
!	7	0.4%
Other values (4)	10	0.6%

Decimal Number

Value	Count	Frequency (%)
0	845	34.5%
2	492	20.1%
1	258	10.5%
7	219	8.9%
8	169	6.9%
3	123	5.0%
6	120	4.9%
5	80	3.3%
4	73	3.0%
9	69	2.8%

Math Symbol

Value	Count	Frequency (%)
>	846	46.7%
<	846	46.7%
\|	107	5.9%
=	7	0.4%
+	4	0.2%

Final Punctuation

Value	Count	Frequency (%)
”	6	54.5%
’	4	36.4%
»	1	9.1%

Dash Punctuation

Value	Count	Frequency (%)
-	362	97.6%
–	9	2.4%

Other Symbol

Value	Count	Frequency (%)
©	29	90.6%
●	3	9.4%

Space Separator

Value	Count	Frequency (%)
	9827	100.0%

Close Punctuation

Value	Count	Frequency (%)
)	52	100.0%

Open Punctuation

Value	Count	Frequency (%)
(	51	100.0%

Currency Symbol

Value	Count	Frequency (%)
$	32	100.0%

Initial Punctuation

Value	Count	Frequency (%)
“	6	100.0%

Connector Punctuation

Value	Count	Frequency (%)
_	3	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	55182	77.1%
Common	16346	22.9%

Most frequent character per script

Latin

Value	Count	Frequency (%)
e	6425	11.6%
n	4894	8.9%
i	4503	8.2%
o	4015	7.3%
t	3675	6.7%
a	3118	5.7%
r	2852	5.2%
l	2688	4.9%
s	1987	3.6%
w	1465	2.7%
Other values (43)	19560	35.4%

Common

Value	Count	Frequency (%)
	9827	60.1%
>	846	5.2%
<	846	5.2%
0	845	5.2%
.	722	4.4%
,	659	4.0%
2	492	3.0%
-	362	2.2%
1	258	1.6%
7	219	1.3%
Other values (32)	1270	7.8%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	71466	99.9%
None	31	< 0.1%
Punctuation	28	< 0.1%
Geometric Shapes	3	< 0.1%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
	9827	13.8%
e	6425	9.0%
n	4894	6.8%
i	4503	6.3%
o	4015	5.6%
t	3675	5.1%
a	3118	4.4%
r	2852	4.0%
l	2688	3.8%
s	1987	2.8%
Other values (76)	27482	38.5%

None

Value	Count	Frequency (%)
©	29	93.5%
é	1	3.2%
»	1	3.2%

Punctuation

Value	Count	Frequency (%)
–	9	32.1%
“	6	21.4%
”	6	21.4%
’	4	14.3%
•	3	10.7%

Geometric Shapes

Value	Count	Frequency (%)
●	3	100.0%

vid_length_min
Real number (ℝ)

Distinct	180
Distinct (%)	93.3%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	74.196287

Minimum	0.31666667
Maximum	249.65
Zeros	0
Zeros (%)	0.0%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0.31666667
5-th percentile	1.4766667
Q1	9.3
median	60.366667
Q3	124.01667
95-th percentile	196.53333
Maximum	249.65
Range	249.33333
Interquartile range (IQR)	114.71667

Descriptive statistics

Standard deviation	68.229853
Coefficient of variation (CV)	0.91958582
Kurtosis	-0.77233415
Mean	74.196287
Median Absolute Deviation (MAD)	52.05
Skewness	0.57584706
Sum	14319.883
Variance	4655.3128
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=50)

Value	Count	Frequency (%)
9.983333333	4	2.1%
9.966666667	3	1.6%
9.95	3	1.6%
0.7333333333	2	1.0%
9.816666667	2	1.0%
9.933333333	2	1.0%
9.866666667	2	1.0%
112.2166667	2	1.0%
147.5833333	2	1.0%
26.25	1	0.5%
Other values (170)	170	88.1%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0.3166666667	1	0.5%
0.35	1	0.5%
0.3666666667	1	0.5%
0.4833333333	1	0.5%
0.7	1	0.5%
0.7166666667	1	0.5%
0.7333333333	2	1.0%
0.8666666667	1	0.5%
1.166666667	1	0.5%
1.683333333	1	0.5%

Value	Count	Frequency (%)
249.65	1	0.5%
244.6666667	1	0.5%
237.45	1	0.5%
229.9333333	1	0.5%
229.2833333	1	0.5%
228.9	1	0.5%
216.3166667	1	0.5%
203.6	1	0.5%
203.55	1	0.5%
198.7333333	1	0.5%

vid_upload_date
Categorical

Distinct	57
Distinct (%)	29.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

2011-04-27	77
2011-04-25	18
2012-05-02	10
2010-02-11	9
2011-04-28	8
Other values (52)	71

Length

Max length	10
Median length	10
Mean length	10
Min length	10

Characters and Unicode

Total characters	1930
Distinct characters	11
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	42 ?
Unique (%)	21.8%

Sample

1st row	2011-04-25
2nd row	2011-04-25
3rd row	2011-04-25
4th row	2011-04-25
5th row	2011-04-25

Common Values

Value	Count	Frequency (%)
2011-04-27	77	39.9%
2011-04-25	18	9.3%
2012-05-02	10	5.2%
2010-02-11	9	4.7%
2011-04-28	8	4.1%
2011-04-23	5	2.6%
2009-09-30	5	2.6%
2008-05-07	4	2.1%
2013-02-20	3	1.6%
2008-06-20	2	1.0%
Other values (47)	52	26.9%

Length

Histogram of lengths of the category

Value	Count	Frequency (%)
2011-04-27	77	39.9%
2011-04-25	18	9.3%
2012-05-02	10	5.2%
2010-02-11	9	4.7%
2011-04-28	8	4.1%
2011-04-23	5	2.6%
2009-09-30	5	2.6%
2008-05-07	4	2.1%
2013-02-20	3	1.6%
2009-09-03	2	1.0%
Other values (47)	52	26.9%

Most occurring characters

Value	Count	Frequency (%)
0	492	25.5%
-	386	20.0%
2	361	18.7%
1	320	16.6%
4	115	6.0%
7	92	4.8%
8	48	2.5%
5	38	2.0%
9	32	1.7%
3	29	1.5%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	1544	80.0%
Dash Punctuation	386	20.0%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
0	492	31.9%
2	361	23.4%
1	320	20.7%
4	115	7.4%
7	92	6.0%
8	48	3.1%
5	38	2.5%
9	32	2.1%
3	29	1.9%
6	17	1.1%

Dash Punctuation

Value	Count	Frequency (%)
-	386	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	1930	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
0	492	25.5%
-	386	20.0%
2	361	18.7%
1	320	16.6%
4	115	6.0%
7	92	4.8%
8	48	2.5%
5	38	2.0%
9	32	1.7%
3	29	1.5%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	1930	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
0	492	25.5%
-	386	20.0%
2	361	18.7%
1	320	16.6%
4	115	6.0%
7	92	4.8%
8	48	2.5%
5	38	2.0%
9	32	1.7%
3	29	1.5%

vid_livestreamed
Categorical

Distinct	1
Distinct (%)	0.5%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

0	193

Length

Max length	1
Median length	1
Mean length	1
Min length	1

Characters and Unicode

Total characters	193
Distinct characters	1
Distinct categories	1 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	0 ?
Unique (%)	0.0%

Sample

1st row	0
2nd row	0
3rd row	0
4th row	0
5th row	0

Common Values

Value	Count	Frequency (%)
0	193	100.0%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0	193	100.0%

Most occurring characters

Value	Count	Frequency (%)
0	193	100.0%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	193	100.0%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
0	193	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	193	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
0	193	100.0%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	193	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
0	193	100.0%

vid_views
Real number (ℝ)

Distinct	95
Distinct (%)	49.2%
Missing	0
Missing (%)	0.0%
Infinite	0
Infinite (%)	0.0%
Mean	191.15026

Minimum	0
Maximum	15976
Zeros	4
Zeros (%)	2.1%
Negative	0
Negative (%)	0.0%
Memory size	7.1 KiB

Quantile statistics

Minimum	0
5-th percentile	1
Q1	5
median	18
Q3	82
95-th percentile	519.6
Maximum	15976
Range	15976
Interquartile range (IQR)	77

Descriptive statistics

Standard deviation	1174.006
Coefficient of variation (CV)	6.1417966
Kurtosis	172.66385
Mean	191.15026
Median Absolute Deviation (MAD)	15
Skewness	12.848625
Sum	36892
Variance	1378290.1
Monotonicity	Not monotonic

Histogram with fixed size bins (bins=50)

Value	Count	Frequency (%)
3	12	6.2%
4	12	6.2%
7	10	5.2%
2	9	4.7%
10	9	4.7%
5	7	3.6%
1	7	3.6%
6	7	3.6%
8	6	3.1%
0	4	2.1%
Other values (85)	110	57.0%

Minimum 10 values
Maximum 10 values

Value	Count	Frequency (%)
0	4	2.1%
1	7	3.6%
2	9	4.7%
3	12	6.2%
4	12	6.2%
5	7	3.6%
6	7	3.6%
7	10	5.2%
8	6	3.1%
9	1	0.5%

Value	Count	Frequency (%)
15976	1	0.5%
2394	1	0.5%
1998	1	0.5%
1126	1	0.5%
785	1	0.5%
783	1	0.5%
630	1	0.5%
629	1	0.5%
551	1	0.5%
522	1	0.5%

vid_likes
Categorical

Distinct	4
Distinct (%)	2.1%
Missing	1
Missing (%)	0.5%
Memory size	7.1 KiB

0.0	181
1.0	8
2.0	2
45.0	1

Length

Max length	4
Median length	3
Mean length	3.0052083
Min length	3

Characters and Unicode

Total characters	577
Distinct characters	6
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	1 ?
Unique (%)	0.5%

Sample

1st row	0.0
2nd row	0.0
3rd row	0.0
4th row	0.0
5th row	0.0

Common Values

Value	Count	Frequency (%)
0.0	181	93.8%
1.0	8	4.1%
2.0	2	1.0%
45.0	1	0.5%
(Missing)	1	0.5%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.0	181	94.3%
1.0	8	4.2%
2.0	2	1.0%
45.0	1	0.5%

Most occurring characters

Value	Count	Frequency (%)
0	373	64.6%
.	192	33.3%
1	8	1.4%
2	2	0.3%
4	1	0.2%
5	1	0.2%

Most occurring categories

Value	Count	Frequency (%)
Decimal Number	385	66.7%
Other Punctuation	192	33.3%

Most frequent character per category

Decimal Number

Value	Count	Frequency (%)
0	373	96.9%
1	8	2.1%
2	2	0.5%
4	1	0.3%
5	1	0.3%

Other Punctuation

Value	Count	Frequency (%)
.	192	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Common	577	100.0%

Most frequent character per script

Common

Value	Count	Frequency (%)
0	373	64.6%
.	192	33.3%
1	8	1.4%
2	2	0.3%
4	1	0.2%
5	1	0.2%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	577	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
0	373	64.6%
.	192	33.3%
1	8	1.4%
2	2	0.3%
4	1	0.2%
5	1	0.2%

vid_dislikes
Categorical

IMBALANCE MISSING

Distinct	3
Distinct (%)	1.7%
Missing	13
Missing (%)	6.7%
Memory size	7.1 KiB

0.0	172
1.0	7
5.0	1

Length

Max length	3
Median length	3
Mean length	3
Min length	3

Characters and Unicode

Total characters	540
Distinct characters	4
Distinct categories	2 ?
Distinct scripts	1 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	1 ?
Unique (%)	0.6%

Sample

1st row	0.0
2nd row	0.0
3rd row	0.0
4th row	0.0
5th row	0.0

Common Values

Value	Count	Frequency (%)
0.0	172	89.1%
1.0	7	3.6%
5.0	1	0.5%
(Missing)	13	6.7%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
0.0	172	95.6%
1.0	7	3.9%
5.0	1	0.6%

Most occurring characters

Value	Count	Frequency (%)
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{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	1
{00:00:00} and that's all I have thank you very much you're welcome to stay and do you like the next next item might be a little one mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that have a lot of interest both the technology report and the M charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to an ex meeting and begin with the a CLC report and and give it its due time and interest then I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion is sex all those in favor please say aye aye aye if that's up I goes against one against four left be noted for eyes one name right so we will move what would have been g7 formerly g5 to a future meeting the next item is jeez what was formerly g6 decision regarding the Charter proposal received from the Community Learning Center schools um this item tonight as you know we had a public hearing regarding the new charter proposal I would also like to note that there was a request directed to myself and the board for a postponement of this item and I have responded that we are not interested in postponing it but going forward with the item tonight so on november nine 2007 the district received the charter proposal from Community Learning Center schools incorporated the proposal describes a k-12 educational program to be known as in CLC which is an outgrowth of the highly successful a CLC program the new charter school would initiate a k5 program while expanding capacity for grades 6-12 enrollment in the ACL model to analyze the proposal I formed an evaluation committee made up administrative staff members as well as outside consultant Chuck cadman our charge was their charge was to evaluate the ncl Charter proposal in the light of current law board policy and the model charter school application adopted by the State Board of Education as is the case in all charter evaluation the final rubric was to be the criteria for denials as recited in the charter school act with all due respect to the ACL see staff that authored the Charter proposal it quickly became apparent to that committee that the ncl Charter proposal was seriously deficient a summary of our initial findings in the format of a criteria for denial is attached to this report and I asked Chuck cadman who facilitated our process to come forward and present those findings I am recommending that the board adopt the findings contained in this report and deny the Charter proposal from the learning center mr. cabman thank you super netted a lien board members I'm going to apologize in advance my voice is going to be a little raspy our granddaughters are very good about sharing whatever germs they're harboring at any given time and that's what I'm dealing with now before going over the initial findings of the committee that the superintendent form i want to say word about why i think it it quickly became evident that the Charter proposal had a number of shortcomings it's a very human kind of an error if you think about the fact that a CLC very successful program it would be natural to build a new charter proposal kind of on the shoulders of the old charter proposal but but while that is a very human way to go about it it doesn't work it doesn't work for three reasons first of all every charter proposal has to stand entirely on its own it is a contract between the charter school applicants and the school district you cannot incorporate by reference practices that are written in another charter or in another MOU and say we're going to do it the same way because there is no way for accountability to obtain to something written in another document I mean obviously if if the other school if a CLC in this case begins to do something different then what does that mean for the new charter that's reason number one you can't piggyback one charter on another reason number two is a CLC is a very dependent charter school in one can sustain the argument that the successes of a CLC are in large measure the successes of the school district why a CLC came into existence as a district school it was very heavily subsidized up until two or three years ago by the school district and even now there are accommodations provided by the school district for a CLC that are that I don't know that I have not experienced in any other relationship between a charter school and a authorizing entity by contrast ncl c is slated to be an independent charter school to be their own public school employer so that further makes the point you can't piggyback a new charter on an old charter especially when they're going to be such different animals and finally from the time a CLC was approved until now there been a number of changes in law and regulation we have the model charter school application adopted by the State Board of Education none of which a CLC had to deal with and as time has gone on has never really been fully reflected in their charter but just simply we put it in an MOU and that's very that's very common that meant that in retrospect in putting together the incense ELC charter it would have been wiser to start from scratch making little or no reference to the pre-existing program so that it was a self-contained self-actualizing and a document that led itself to accountability now I say that by way of a little explanation to myself because these are very very bright very capable people and so how did it turn out that the Charter proposal resulted in 13 findings 13 initial findings from your committee any one of which would theoretically be enough for the superintendent to record recommend denial and by the bear by the way I'll just go one step farther and say our 13 findings are not represented to be exhaustive when it became clear that the Charter proposal was not viable we didn't go along and try to catalog everything that would need have needed to be changed to make it viable but rather just put together this representative report to you now as our della mention in accordance with the Charter Schools Act any set of findings have to be based upon the criteria for denial set out in the Charter Schools Act of which there are five and in our initial findings to you first we mentioned criteria for denial number one that the proposal describes an unsound educational program well our committee said no that we can't say that it is basically a sound educational program however our committee did say please note down below under criteria for denial number five you'll find some comments that do have to do with of the instructional program criteria for denial number two is that the applicants are demonstrably unlikely to successfully implement the program described and the committee said no that's not true these are very capable people we can't make a generalization like that but again do see down below in criteria number five some points that pertain to how the likelihood of successful in implementing the program criteria for denial number three is that the proposal didn't include enough signatures and in fact it does so that's that's a moot point criteria for denial number four is that other proposal didn't include the necessary affirmations regarding non-discriminatory operations and again it does include the necessary affirmations so all 13 of the findings come down to criteria for denial number five that criteria for denial and the law says that the proposal did not include reasonably comprehensive descriptions of the following and then if you had a copy of the charter schools act in front of you you would see after that colon there's a list of what we call the required elements there's 16 of them in number a through P all 13 of our findings then have to do with the fact that we believe that that in these 13 instances the narrative did not include a reasonably comprehensive description and that's what I'd like to quickly go over now required element a has to do with the educational program and our first the first of our initial findings has to do with the fact that the ncl c program excuse me the NLCS see a proposal this assumes that that they should be able to based upon wording in the a CLC operating agreement assuming that the same agreement would be made queer by n CLC students would be able to take classes on the comprehensive high school campus that's an example of a mistake of trying to build one charter upon another it's highly speculative whether in fact that's going to be that would be true if for no other reason and the geographical issues whereas a CLC is in fact on the anson on campus the second bar findings has to do with the facility issue now the Charter Schools Act assumes that a charter proposal will talk about the suitability of the prospective facility in this case of the NLCS see charter proposal does not it simply says they'd like to be on an elementary school campus at least there needed to be some discussion about well how would that work are the classrooms are the fixtures are the P the PE equipment how does that fit for a k-12 program maybe it fits great and maybe it doesn't but it's an example of something that needed to be included to constitute a reasonably comprehensive description the third of our findings has to do with the fact that reference is made to the successful a CLC program but whereas this program and the new charter would include k5 there's virtually no detail about the k5 program which in fact would be required by law the fourth of our findings has to do with staff now there are clearly some stellar educational experts who teach in your elementary district who are part of this to be a part of this program and the Charter proposal assumed at least as initially presented that leaves would be granted to these folks well it became clear at the public hearing that's not to be the case so we're left with the question would will these folks upon whose expertise the program will be so dependent will they be ruling to resign from a tenured position to become an at-will employee in the new charter school maybe they will maybe they won't but without that information it is not a reasonably comprehensive description the next of the initial findings has to do with special ed the model charter schools application requires that a charter school applicant in their narrative describes their understanding of their responsibilities in the arena of special ed even if they take the default position of being a school within the district for purposes of special ed the state board of ed says at least you need to talk about your legal understanding of what your responsibilities are in terms of identification timelines processes etc which in fact was not included in the Charter proposal there is a section in the NC LC charter regarding English language learners which says that they'll receive placement and ongoing assessment through the school district of and sense of in the subsequent communication from the charter school applicants they've acknowledged that was just an editing error that they realized that that in fact would not be the case and the final instance of our initial findings having to do with the instructional program has to do with the discussion about closing the achievement gap among various racial and ethnic groups within the community there was discussion at the public hearing about whether a CLC in fact had been successful in that endeavor and to the extent that the new charter is totally based on the a CLC model there is at least a reasonable question to be asked about how would the new charter go about closing the achievement gap among racial and ethnic minority students moving on to required element D which is the governance structure of the school there are three points here raised in our initial findings the first is the State Board of Education says you should include in your charter some information about how you're going to train board members how you will keep them moving forward as as as an if as an effective governance structure in your charter school which is not included in the Charter also the model charter schools application requires that there be information about systems and processes by which a school will keep track of financial data and compile information that is entirely lacking from of the new charter proposal instead they say we are going to employ ed Jack and we're going to use teksystems now I have all the respect in the world for EdTech I've worked with them with EdTech and a number of charters but it's not sufficient to say that in a charter legally you have a fiscal oversight responsibility you need to know who's going to have charge of cash how r power spending decisions going to be made how's petty cash going to be handled what is the bidding threshold how our records going to be kept none of which was included and finally one other in that same category the model charter schools application requires that the budget include notes which clearly describe assumptions and revenue estimates if you ask me whether the ncl see budget of balances I would have to say to you I don't know and the reason I don't know is because there was no page of assumptions now I don't mean to make an invidious comparison but you're aware that the district has received a new charter proposal I believe you you have scheduled a public hearing for that two weeks from tonight well if you look at that new charter proposal you'll see the financial section starts with a whole page just on assumptions those assumptions tell us how much they're going to pay teachers what the benefits are going to cost how much they're going to spend on supplies and equipment with that which accident which will fills the same function that a legend at a map fulfills a smart person like lose who can understand Gatsby 45 can look at those assumptions and say yeah that budget is viable or know that budget is not viable at this moment we neither one of us could tell you the answer to that question in terms of required element G racial or ethnic balance there was discussion at the public hearing about the demo student demographics at ACL see it raised a question about how student demographics should be viewed for the proposed new charter school and also we noted that in the Charter narrative n CLC would not allow promotion of K five students who don't meet promotion requirements to move on to the secondary school we simply raised a question about what that would mean in terms of racial and ethnic balance and then finally in terms of required element I the financial audit the law requires as a part of your fiscal oversight that any deficiencies in the in the audit be rectified to your satisfaction and in the Charter proposal how you would not even you would not be able to how to exercise that responsibility and again in the subsequent communication from NC LC they have said that was a mistake that they would actually welcome the the financial oversight regarding errors and emissions and the audit so those are the 13 initial findings presented by the charter school evaluation admitted supernet a daily also communicated to me the subsequent letter from the charter school applicant where I know they'll go into it in greater detail but but a quick summary would be to say look we think we covered a number of the areas which the evaluation committee said we didn't to the degree that we didn't cover them here's some supplementary information which perhaps could be included as a as a and another as an addendum they also take issue with some of the discussion regarding racial and ethnic balance issues that came up at the public hearing and then finally the point that our della mentioned about the possibility of a mutual agreement to delay the vote on the Charter proposal during which time the Charter applicants would meet with staff members to work out any issues that were necessary to make the Charter proposal viable I mentioned to the superintendent that wall boards of education can do whatever they want to that would be rarer 0423 reasons the first is the notion is that it is the responsibility of the Charter School applicant to put together a viable charter proposal not of the responsibility of staff to meet with them and to help make that happen because see that sets up a really difficult situation for a Board of Education if in fact your superintendent or your super and Dennis designee is sit down and work out changes in the Charter and then it comes back in 30 days to you it puts you in a very awkward situation regarding the decision to approve or deny and it also puts the Charter School applicant in a difficult position because if in fact you still deny the charter school applicants as wait we did exactly what your employees told us to do so it is not something that school districts up normally do rather what normally happens is if a charter school proposal is denied there is an automatic appeal right to the County Board of Education which may come to a completely different conclusion about a charter proposal and if it's not if it's not approved on appeal at the county level it there is an automatic right to go to the State Board of Education so that's normally what happens rather than of the 30-day extension and so forth so that concludes what I was going to say are there any questions or comments before or I take my seat as a part of process will take clarifying questions then we will take community input and then we'll have questions among board members so at this time clarifying questions David Chuck could you confirm as I recall from the workshop that you conducted a couple of months ago the Charter petition that were this board to deny the Charter petition that would could be appealed to the county to what extent is the original document the document that has to go before the county as opposed to incorporating some deficiencies or remedies to deficient yeah thank you for mentioning ash I should have woven that in the the county will require that the Charter proposal that they take under appeal be the exact document except where a change has to be made to reflect the possibility of a new authorizer for example special ed will clearly the the the Charter which would be appealed to the county couldn't say alameda unified will do the special ed because that would no longer be a possibility but except for those those one two or three instances where there has to be a change there can't be any changes and the same by the way is true when it goes to the state though I have seen the State Board of Education since they're the the top of the food chain sometimes they'll mix up some of their own rules about negotiating some changes but theoretically it's supposed to be the same document that was denied at a lower level in terms of what is if we if it is denied is there a form that we fill out or do we is it just similar to what what you have here that's sent on uh-huh yeah good good question Janet the Charter Schools Act says charter school act is written in the positive it says you will approve a charter unless you make one or more findings and those findings will be in writing based upon these the criteria for denial that we just went over now in some districts I think they do something that's kind of unfair they make the Charter applicant if they turn down a proposal they make them wait for a couple of weeks for for the document that lets them go appeal at the county level so what we do in those occasions that a charter proposal is going to be turned down we put the initial findings in writing and if it is your decision tonight to deny the Charter then the report that you have in front of you would in fact constitute the findings and and if that is your decision a motion could just be to deny the charter based upon the findings contained in the memo of such-and-such a date or and look that's actually the recommendation that I've made it be adopted that by if you if you so choose and in fairness I want to say this to Janet let's say that of these 13 findings maybe two of them you don't agree with so a person could certainly say a based upon light the initial findings and such and such a memo except item number two under required element a or something like that which would allow Kathleen the next day to produce a document where the findings that are not included in your motion would be excised to David's question I've just to clarify with regard to you mentioned that there may be that the application goes forward the proposal goes forward just as it came to this board it would go forward to the county or go to the state board with it with the exception of a change in the MOU I guess with that like he makes it special education and it seemed to me that maybe you were talking that that that were you saying that this board if it went to the county that our board would not be the authorizing agent that's correct yeah and so let's go back the MOU now really doesn't have any no mo you has anything to do at this point right now all we have is a charter proposal which they have brought to you saying we would like for you to be the authorizing agency if in fact a local board turns it down they say no we will not be the authorizing agency then they would take that exact same document except where it had to be changed to reflect the new potential authorizer and they would take that along with the findings upon which the denial was based and that would be what would come before the county board would that change the relationship if the county board approved it would that change relationship between this board and the charter that was approved well sure I mean there would be no legal relationship if the County Board approves the Charter there is no legal relationship between the school district and the Charter that's unapproved on appeal though do recall a different arena is prop 39 facilities prop 39 facility rights do not devolve around the issue of who granted the charter they devolved based on where the kids live so that's the one thing that is unchanged and so my other question is that when could the the Charter reapply either within it that for the same program with a different application or how many reapply these do they have reapplied if this is denied could they come back next month and say we have another charter proposed back to you yes and backed God the law is silent on that issue hypothetically they could come back tomorrow morning with in it with a new proposal after at the district level Mike any okay at this time clearly this is a popular topic we're going to be here if everyone speaks their full three minutes we'll be here till past eleven o'clock so as a courtesy to all speakers try to keep your messages as timely as possible and we'd all appreciate it yes it's public ama it's just public offices anything public comment so again I'll just point out again yellow red lights green is start of the three minute time yellow is you have 30 seconds remain the red will be the three minute time limit so the first speaker will be just Stevens thank you ladies and gentlemen the board you are discussing a charter proposal tonight because some parents teachers and administrators believe that we're not doing enough for their students they see as I do a problem with educational system in California and to some extent the United States unfortunately we do not agree on what the problem is nor how to fix it their solution is to secede from public education and start their own school free from a lot of the bureaucratic and fiscal problems that face non chartered public schools so I want to ask you about another school district little bit south of here 10,000 students ninety-four percent minority eighty-two percent free and reduced lunch thirty percent transient population who is going to champion their charter schools who's going to be in a rush to give them the edge that those students want by their parents who's going to tell those students that they do not deserve the best education we can provide because their skin is too dark because their parents do not drive bmws and Volvo's the teachers in that district walk into their classroom every day making half of what alameda teachers make and yet those teachers don't complain about not having enough resources to meet the Williams requirements nor do they blame the schools nor the students were being born into poverty the ultimate blame ladies and gentlemen the audience and viewers at home lies with us we the moral and social conscience of California have allowed this state's educational system to sink into a segregated morass of bureaucracy and fiscal gerrymandering we have squandered the future of our students in our next generation by doing nothing to correct the educational problems the collective we have created California is the sixth largest economy in the world and yet we have gone from being number one in education to being number 34 at that time the United States has gone from being number one to being number 24 of the world's dirtiest economies we are in the bottom half of the bottom half under the best of circumstances I do not personally support charter schools they do nothing to fix the underlying problems of equity and only serve to exaggerate the problems of funding and accountability if all of us really want quality education then let's fix the system for everyone not just the few i urge you tomorrow as everyone sends emails and text messages to each other regarding this meeting to send copies those text messages to your legislators to congressmen to your Senators to everybody you can find with an email address let us take a page from paddy Chayefsky and Peter Finch let's tell Sacramento that we're mad as hell and we're not going to take it Thank You Barbara Khan I for the record I was involved in a discussion maybe 30 years ago about one high school with two campuses I'm dismayed by this attempt of a small group of teachers to create an unclaimed of inequality in our community this may not be the motivation of the teachers involved but nonetheless it will be the outcome of their effort purporting to be a school that works to create good sis and Paul Benton's the person in charge of creating good citizens has stated that it is not his concern what happens to the rest of the children in alameda this is hardly good citizenship it's hardly worthy of alameda it gives a lie to the application in the state of Louisiana they were almost no public schools with few exceptions all schools are private or charter only the porous media still dhryn attend public schools from this thinly veiled privatization organization of public education I'm part of a group of women called the brown bags women who have been passionate about public education and about Alameda schools for over 40 years we thought successfully to have the school board move from an appointed one to an elected one we were instrumental in having libraries in all schools we volunteered in classrooms libraries and on district committees two of us were elected to the school board some of us are no longer alive but most of us are pushing 80 we became involved because we had children at school and now we have grandchildren we wanted changes and improvements for all children not just their own some of us explore private schools and could have afforded them but we recognize that of women like us passionate about schools and education withdrew from the public schools there would be no progress and all children would be damaged where is the conscience of the supporters of this proposal and with district has survived school board recalls boards are cared less about children and their education the Nevada Paula agenda but this is probably the most destructive assault on our children that we have faced it's the responsibility of this board to see that all children and Alameda are properly served to allow a group to experiment with some of our children is an abrogation of that responsibility this should be denied as an experiment that is irresponsible self-serving and without merit thank you thank you Andy cured hello so I'm not against charters in principle but i'm not in favor of this charter you know with the level of detail that's in the current proposal i'm not at all confident that it's going to meet the educational goals that have been laid out for grades K through 5 also not confident it's going to give the improved results you know for historically underperforming groups that the Charter application claims is going to target I think the thing that stands out the most is a lot of the applications predicated on the current program and the current performance of a CLC which let's face it achieves fantastic API scores but you know the realist in me says you know that's as much to do with a high caliber of students go to at ACL see as much as it is to do with the program that ACL sentiments I think a CLC services are niche in alameda and i think the current child replication is aligned along the same lines so anyway i'm not as eloquent as the gentleman who just spoke to the district i think the district's recommendation gives you plenty sufficient grounds to denied application within the criteria of the law but obviously i can direct my comments a little outside of that i owed you aside from denying application I want to echo what we heard for the first time tonight from the secondary task force and that is as a board and as a district look for every opportunity to implement magnet programs and charters that are going to offers that the diversity of choice for all alameda students without the negative impacts that the currently proposed charter would give you no choice is a great thing especially in public education but no one it impacts a huge number of students simply to deliver benefits to a very select few thank you Ian merrifield good evening my name is Ian merrifield and I am Encinal high school's student body president I'm here tonight for two reasons first of all I feel it's my responsibility to speak out against a charter that will adversely affect not only and snell students but students throughout the district while I admire and commend the desire to provide needs of alternate alternative education it should not come at the expense of the rest of the district students well I understand that you cannot legally deny this charter because of economic feasibility I'm hoping that these arguments will per se will persuade you to find other means of denying it secondly I am here because bill saunemin and Snell's beloved former principal asked that a student read a letter that he wrote regarding the proposed charter he couldn't be here tonight because he's in San Diego visiting his daughter and his new baby grandson board members as the former principal events until high school for six years I experienced firsthand the relationship between EHS and a CLC it was strained at best I always welcomed the ACL see students as they took classes mostly AP and world languages played on athletic teams and participated in a myriad of EHS school activities however the a CLC adult leadership fully took advantage of all EHS offered picking and choosing to meet their needs they used a threat of proposition 39 and litigation to get what they wanted I struggled with a CLC never stating publicly my displeasure with the charter school the alameda community does not need a new charter that fully embraces the tenets of proposition 39 that states that a charter is exempt from most state laws and regulations a new charter would negatively impact the a USD neighborhood school policy our district is losing enrollment we do not need to lose more we should be working to market and showcase our existing schools to the public under a model of continual improvement and innovation not supporting a new charter therefore as the parent of three public school graduates and Alameda resident and a former a USD administrator I heartily oppose the approval of the proposed k12 charter and I encourage your no vote bill song members of the board I encourage you as you make your vote tonight to very seriously consider the effects that this charter will have on the rest on the rest of our district students the board's mission to put students first implies a utilitarian objective ensuring the greatest good for the greatest number of alameda students regardless of how fantastic this proposed charter could be and I believe it's been established that this is at best a gamble the negative impacts that this charter would have on the greater alameda student population greatly outweigh the benefits for the much smaller number of students at ncl see tonight you will hear many a CLC students and staff members singing the praises of this proposed charter however there will be another group of encinal students speaking tonight hopefully helping you to put a face with the students will be adversely affected by the starter I urge you to vote no next speaker slip says encinal students I'm not sure whether we're allowing 9 minutes 43 people or three minutes okay okay three minutes thank you good evening my name is Becky Sotelo and I am the proud student body vice president of Encinal high school you may or may not remember me but I stood in this very spot last year speaking out against the proposed budget cuts well I'm back and although the situation is now different internal high school and the other schools in the district fear a repeat of what happened last year this new charter school will only create more problems for a USD this school will take students from a USD schools and therefore enrollment will drop this drop will cause a decrease in money all throughout the district thus cuts have to be made we know there is a huge budget crisis in California and this new charter school will only make matters worse while the idea of this charter school is fantastic in theory it is essential to keep in mind who will be hurt in order to make this a reality we will be hurt at Encinal high school the same programs will be put on the chopping block as last year and a new charter school will not be worth these losses for example last year on the chopping block was both Alameda high and Anton Ojai's college and career center the college and career center is an extremely valuable student resource providing intimate personal counseling for life beyond high school for students who otherwise would have no means of receiving that help this charter would make it even harder for the district to financially support such an amazingly important resource by creating the new charter school in CLC funding will essentially be cut from the two high schools ap programs if approved the quality of the AP courses and the opportunity to challenge oneself in addition to the preparation for college will suffer as we student-athlete I take part in many sports in school then are funded by the district youth that may not be best in math or history can learn teamwork discipline and make friends otherwise that they went out of mate if the new a CLC Charter is approved cups like the one proposed last year the high school sports teams would be greatly affected with the cuts made to programs and terminations of teams all together these are the voices of students that would be directly affected by this new charter school and there are thousands that are not here tonight but would be affected in exactly the same way so is it really worth it helping 300 kids in hurting thousands not to mention that we don't even have Eddie every any evidence that this school will actually succeed as planned it is not worth it it is not worth the money they will take from the district it is not worth the teachers that will be lost it is not worth of programs that will be cut it is not worth the suffering of our schools vote no thank you Barbara Mooney Barbara Mooney I am once again here asking you to deny the Charter for the ncl see and for the extension with all of the information that has become clear through this process there's no denying there's they are a selective private school we do not have a voucher system in the state and you cannot fund a private institution more importantly they are not an educational model to be copied a very wise person put on internet they have not built a better educational mousetrap they have nothing in their application lanes groundwork for any more of the same with the exception of the fact that they couldn't constantly take credit for what encinal teachers actually do maybe they should open up a school focusing on magic for all they seem to understand is smoke and mirrors Ashley Jones good evening fifty years ago I started teaching here in alameda and I believe in public education and this is not public education these people are the same people that tried to get vouchers through and didn't make it and now they're just taking another Avenue I think it's exciting the ideas of trying these new programs and you're going to need all your facilities to house these news programs I hope they come into being because the public as it now exists the junior high school is a total failure and needs to be completely revamped because my grandson does not feel safe in one of the in any well the one he went to and I'm now homeschooling him and my granddaughter next year is going to sixth grade and if she doesn't do what if she doesn't feel safe then I'm in a homeschool her because I have the capability of doing that but I don't want to I want them to be in public schools here in alameda and I'd like to see these new programs so that we can get our kids back in where they belong and I I'm glad that they didn't do a good application and I hope that they never come back novia con silvia con my name is Sylvia Khan and I've been an educator in the Alameda unified school district since 1990 i'm also the product of West End Alameda schools having attended Payton chipman and graduated from Encinal high school during my career with the district I have designed to programs most recently Bravo I was also instrumental in the dissolution of the small learning communities at Chipman including Bravo why because we were not closing the achievement gap although our Caucasian students from educated homes were thriving other students were not I signed on to teach all children and in good conscience could not participate and something called public education at the expense of anyone's child as the title one coordinator for both wood and chipman and the district sim reform coordinator I am proud of the work being done by my colleagues as a parent of a student at a West End school my child is receiving an excellent education as he will when I proudly enroll him at Chipman middle school in two years I'm here to say that as a chipman alum neighborhood resident and staff member I'm offended that a CLC has the audacity to claim that in any way they currently serve a representative body of chipman students and that they are now eager after 15 years to serve more it takes nerve to make the bold and baseless claims that the proponents of a CLC and the new charter have made nerve and the inability to admit one is racist and classist please as a parent educator and resident of the West End we do not need a school where 15-year red track record as of serving those who are already advantaged vote no to deny this charter and a 30-day extension to go back to the drawing board Thank You Vicki Smith Vicki Smith good evening I'm Vicki Smith I'm lifetime West End residents and I've been a community activist for over 35 years I'm work at Longfellow I serve families in transition and last year I served and gave services to 271 families and this is the first time in two years that I've had a home a place I've been bouncing and bouncing from sites to sites the numbers I serve is bigger than Alameda Community Learning Center we have a store where families shop for free and they love it a lot of district employees come and they bring clothes etc and the store is working wonderful it's a caring community after school programs has their office there at Longfellow they have a staff of 52 they run after school programs 47 schools and they have 1200 students that they serve five days a week until six o'clock in the evening Alameda family literacy has over 100 families men and women who work and walk there every day learn English get their GEDs go to parenting classes to learn life skills there are two childcare rooms I'm kind of nervous people that live in the community they walk there I walk there with them they come rain or shine pushing strollers Head Start is a preschool and it has been serving the community to in the families Alameda multicultural community center is there and it does three vital art programs at three school sites the superintendent has made several meetings to include teachers community members and parents and get their input I have not seen a CLC come for a site visit to meet people see what programs are up and running well or even asked for our input all these services are essential and vital to alameda students and the community if a CAC wants another charter school at the elementary school how would it work if people are already there doing programs for students family and the community I just want to say i worked with renewed hope on the massive Ixion's of harbor island um and that was very hard because people were pushed out and now it's upscale and they have not taken section 8 vouchers who's going to be pushed out for this charter school people that are already existing there and have lived in the community for years I watched people leave their homes that had been there for 30 years so we really need to think about who this also affects these families live in the community they are part of the community they come there for a reason and who's gonna who's going to be pushed out if they want to be at an elementary school and how can you use space that's already being used people exist there we live there that's our community thank you papi good good evening thank you for having us my name is ma fille gay and I will be the lead facilitator of the near Community Learning Center as a sin as the leader of Nia we have a unique opportunity to attract a diverse student opera population I am and will continue to work as hard as I can to attract and ethnically and economically diverse population I have 20 years experience working within directing programs for the disadvantaged I bring this expertise to Nia I have 23 years experience creating exciting award-winning and innovative education experiences I bring this expertise to Nia I have six years instructing teacher credential candidates and learner centered facilitator methodologies I bring this expertise to Nia and finally I have a lifetime of experiences as an african-american learner I bring this experience to Nia in the spirit of awesome educational opportunities for all learners I pledge my unwavering support of the NIA Community Learning Center thank you Adrian Lewis are you going wow there's been a lot of people up here talking about all the disadvantages of Nia and I wanted to talk about the hope omnia I want to talk about the choices every student should have a right and every parent should have a right to decide where his student goes we get paid we pay taxes and we should have the right to decide where our tax money goes and if the stoop if the arm if the education system is not working and when you take our money and put it somewhere where it does work and that's all i have to say like your Harris hello everyone I to I've heard a lot of negative things about Alameda Community Learning Center and I don't see any of those things I see the kids there bright and excited and they love being there my kid has been there he went through a lottery system we get in he didn't get placed in or the N hit any special treatment he went through a lot of a fair system to get in his excitement for school his love for school has just increased and you know his sister his younger sister she can't wait to go to a school like this and I don't understand how a failing system and in the public school system and I'm not just talking about the East End schools of alameda I'm talking about a lot of the schools that don't receive the same type of funding as the East End schools a lot of the alums and a lot of the charitable contributions I went last year I went to Lincoln and I SAT there as they were doing their presentation and orientation and just the money they were raising above some of the West End schools and we talked about what's fair not fair if you're not in that district or in that location you can't go to that school but here we have a CLC with a lot of highly educated facilitators and teachers will actually pouring themselves in the school and love it I've seen public schools where teachers can't wait to go home there's nothing giving back to those 35 kids they got in a class it's just they're tired you and that's not the case for all the teachers but here I see you know 12 students per class and the teachers actually giving their hearts I see teachers receiving awards for some of the best educators in the state of California and we're talking about this is or at least the comments I've heard here tonight as a bad situation I think that's crazy I think you guys need to really sit down and relook at what Nia could provide and I like some of the things that age of just said about the hope and I think that's what it's all about I think anytime you dealing with education you're dealing with hope and because that hope is the future of the young kids is coming up today I appreciate the the zeal of some of the kids over at this insignia and I understand how they feel but that money that's sitting there doesn't necessarily belong to Jess the the current system it belongs to folks who want to make that choice of placing their children in an alternative system and I think that needs to be looked at thank you guys for your time thank you Judy blank Judy blank good evening president and board members I am I'm taken aback by the energy that we saw at the beginning of the open statements the Alameda Community Learning Center was established originally with with the vision of the school district the reason that when charter is because the district wasn't going to have the money to be able to support the technological aspect of it and the only hope of it continuing as an alternative a learning situation is for it to go charter unfortunately we've lost a lot of our different the wood academy and raava and various other programs which served the needs of students young white and I go to a CLC and I go to a CLC because my child is having difficulty in the the traditional public school setting he's a much happier kid now because he has some freedoms that he didn't have before and that he is always needed in preschool he was having trouble because he needed that freedom I the people who are involved in the community learning center and who will be involved in are nothing but the best and I think they'll provide I think when a CLC started no one knew what was going to be like no one knew where it was going to go and and it developed into a program that has created with a niche for Pete for kids who need it I appeal to you to please approve this charter it is a need in our community thank you thank you Martin Martin carosi excuse me if I ruin your names as I speak them out Martin korasi thank you for inviting me um I look at all of you as representatives of our public school system but not necessarily the administration led by our superintendent you are serving all of the community in Alameda and this is critical I want you to be representing my view I want you to be considering the needs of moving the educational system in any way shape or form however it has to happen because it has to change and change is always hard but it takes vision it takes leadership it takes being strong to provide that vision that needs to go forward you are being asked to accept a charter proposal from them from a true and tried system that the issues that have been brought in front of you tonight our petty at the very most they are small they are issues that can easily be fixed by correction by the smallest efforts to deny a charter on those on those grounds is heresy it's absolutely would be a bad reflection on your vision and your leadership and I strongly recommend that you reconsider any kind of denial for this charter I've heard a lot tonight people have used this as an opportunity to come up and talk to you about their pet issues such as vouchers for schools we're not talking about that that's not our talk of it that's not our discussion tonight but they're using it for that opportunity they're talking to you how much they don't approve of private school education and disproportionate allocations to different groups this is a public school and I see it only working in alameda well if you as a board in alameda says yes to it any other authority granting this charter will not have the same effect on our children as it will if you as a community member says yes we want this I don't think that it makes sense for alameda county to be granting your and my kids this charter you must do this this is your time and your ability and your moment to say i am looking at you administration of a USD to work with these people to blend them into the schools so that they can get advantages that occur also in the other schools in this community whether that's a college whether that's a letak program we want to be able to walk through those barriers don't create them by denying this charter today thank you thank you Greg Holland reg Conlon thank you for uh thank you very much I I think I've know all of you at one time or another but just to reduce myself I'm Greg Cano and I was a partner with Arthur Andersen started division process back in the early 90s for alameda unified school district and we worked with the district for several years and trying to incorporate that into the school district and we help them start the learning center by investing a million and a half dollars and spending a lot of time and effort in starting this new concept Arthur Andersen has spent three years researching the the information that we tried to get implemented in this school and here 15 years later it's been very successful my understanding is it's on the top five or one percent of the state so you've got a very successful model here that they're trying to incorporate in other students in the district and not only in this island but it my objective is to get corporate America in the Bay Area to replicate this vision in other communities in the Bay Area and I will continue to work to do that whether you approve this or whether you don't but I would encourage you to prove it improve approve it because you're really it's talking about change people are resistant to change you have to sacrifice for the better good i mean i was in washington DC this morning i was at mount vernon on saturday and you know i was at the Arlington Cemetery sunday and saw 300,000 people that are buried there who sacrifice for the better good so it's going to be a burden on you to approve this you are going to be criticizing some of the students and encinal and alameda are going to probably lose something but you are you sacrificing for the better good I mean think about what you're what you're doing if you turn this down I mean your own people agreed that that it was going to be a successful model and there was a sound education program and it was going to meet to discriminate discrimination objectives of not discriminating so the three basic things that any school system should have you agree with and I do agree that the things that that they're raising as objections or can be worked out I mean I'm a lawyer you know you have they have due process if you raise criticism if you've got to give them an opportunity to respond I mean you got to let them fix whatever it is that you think's broken and come back if necessary if you think they're serious without just turning it down without me you can't make deficiencies without giving them an opportunity to respond will you do it because otherwise you're going to just go through this process over and over it's going to waste your time and there's sit down as reasonable people make it a win-win situation make sure that you get your input and their input but don't stop something that's successful I mean change is always hard for all of us to accept and we each have to suffer a little bit to take the changes and that are better than for us so I just appreciate being here tonight and I've been following this and working with it for the last 15 years and God willing I'll be here for another 15 years so you're not going to get rid of me but I I do hope that you that you approve this project tonight I that there's anything i can do personally i'm going to be here to help thank you very much great Thank You Cynthia young Cynthia young she left ok Carlton grizzle mm-hmm my name is Carlton grizzle I'm here to speak to the board and to Alameda parents present at the meeting and who might be watching us tonight I'm here to speak about empowering parents the governing structure de CLC is based on a parent learner facilitator alliance that depends heavily upon parents guardians at every level of governance from membership on committees to voting power on our governing board a CLC families are involved in every aspect of school governance including finances curriculum extracurricular activities and more parents have tremendous voice in our school this parent learner facilitator based governance structure has served a CLC successfully for over 12 years and has resulted in the award-winning school we are the new charter school Nia Community Learning Center will have this same type of governance structure based on a significant parental contribution due to our desire and ability to empower parents parents the state of California is trying to empower you to do not mistake despite the claims otherwise our critics number one concern is financial impact on a USD they are speaking as if we are robbing the district of something they own those critics are acting as if a USD is in is entitled to the state provided educational money of every child in Alameda those who don't want the school to be chartered don't want my daughters to go there they don't even know their names to them my daughters are simply 5777 dollars apiece here's the fact that alameda family should know the money does not belong to a USD that money belongs to our children as parents the state of California has recognized our right to have a voice in where that money goes for their public education that's why the charter school laws were passed that's why there is money available to charter school money that increases every year and that's why there are only five legal reasons for a charter petition to be denied and the financial impact on the district is not one of them finally many may not know this but a USD on the Board of Education has set precedent and empowering parents by giving them the choice to send their children to schools where they will be served best last year a the a USC commissioned demographic study in there were nearly 500 students from other districts the majority of which are from Oakland attending Alameda schools a OSD on the board recognized the importance of giving oakland universe of choice regardless of the more than two million dollars per year that Oakland Unified is not receiving despite oaklands financial troubles a USD and the board have recognized the importance of choice of open residents who have chosen not to give their children's educational money to Oakland Unified but if instead brought their money to Alameda they understand that the financial impact of taking 500 students from ousd is irrelevant compared to empowering parents to have choice we are prepared to create another charter where parents will be empowered and we want to create in a district but we have a board of education in favor educational choice for an entirely different city my hope is that the board will be in favor of empowering families to have choice in their own community and by the way that petition you received mr. chef is nearly 300 signatures of parents who believe in power of choice here in Alameda thank you thank you Brian Rodriguez Thank You members of the board and superintendent daily I've been a classroom teacher dense now since the beginning of what was then referred to as the secret school or Arthur Andersen Community Learning Center's now known as a CLC and I've seen it grow and develop I've been recognized on a state national level by various educational institutions universities national magazines as an innovative educator and the college board certified my advanced placement classes in Encinal high school I've collaborated with many of the a CLC facilitators on various projects I respect Paul Ben's who serves as a chief architect of this current application and I consider him to be a dedicated educator I've gained additional insight into a CLC because I teach advanced placement classes at insa now high school and have had the privilege over the last five years having many a CLC students in my classes and can attest the ability and drive of those students as well as the support of their well-to-do parents however I do not believe the a CLC model has much to do with their achievements and I'm against expanding this model originally Arthur Andersen Community Learning Center was a well-funded and innovative program led by experienced and exciting teachers the equipment was first-rate the computers were modern the class sizes were small and the learning seemed to be exciting but that was then today a CLC is a dirty chaotic and crowded environment where many of the students flaunt the rules the army the Unified School District riding skateboards through the hallways walk without passes out of the center whenever they like and make a tremendous amount of noise disturbing the ongoing classes and it's now as a parent I often wondered parents actually see what's going on over there students sprawl on couches tune out the world on headphones play hide and seek in the parking lot with few exceptions the higher level learning as well as the physical and social needs of the students are outsourced by a CLC and what educational advantages are there in this innovative program the ACL see advanced students take AP classes at insa now our school in any of our 12 AP classes or go to Alameda junior college that is exactly the same as students at Alameda high score and snow high school for physical education they go to the old navy base from music they take band acquire a guitar denson al to play sports they play an instant out sports teams for social needs they attend our assemblies and dances the classes taken the center our basic mixed grade levels which leads to mixed results the honors class is giving at the center are not recognized by the UC system and they teach no AP classes as they lack certification by the college board however the clear success of the ACL c program is that they've been able to maintain high standardized test scores by selective admissions and a clear failure to serve alamitos large population and english language learners agents blacks Hispanics or the development and disabled who go to school the rest of the schools now almita the student population does not represent the west end ave alameda or alameda high school the lottery system currently employed by a CLC has not worked to diversify a CLC despite claims of the fact of neutrality as the majority of the students at a CLC are white and privileged i do not think this is the model for for a distinguished school and i urge you to turn down this application thank you jacob powell good evening board members my name is Jacob pal I'm a facilitator at the Alameda Community Learning Center I teach American government economics modern world history US history ancient world history in the sixth grade physical education of the middle school I do the technology and I also teach a technology class I've worked at the middle school level in the high school level for 10 years and I have been at a CLC 44 on top of the classes that I teach I'm also on the program evaluation committee which is made up of learners facilitators and parents I am the union representative and also a union member I'm also a member of the Alameda County teacher leadership cadre and social science and on top of that I'm here tonight to talk to you and what I would like to say to you is that we need change we need to get away from the status quo the speaker who just spoke and many of the people who spoke tonight have never come through my door in the four years that I have been at a CLC they're talking about someplace they've never been they've never looked at the model they've never experienced the model of Education they've never SAT through one of my classes one of my honors classes US history honors and American government honors which are all you see certified so for the people behind me to speak about something about which they do not know i think is valency izip you I support vaniya Community Learning Center and I would appreciate that you supported as well Wow hello I'm pilau and I'm i work at ed tech we provide business services charter schools around california including about 15 in the bay area we worked on the budget with the developers and i just want to take some issue with the pretty blanket statement that there were really no description of what the assumptions were and I and I'm just holding them here I'm holding the budget that was submitted right here and every line item has a description of what the assumption is so I mean I I'm if you just read across in a matrix format you'd see general purpose k through 3 and amount and then the assumption and where the assumption came from so and you just go down that page after page you'll see notes page after page so I'm a little confused as to why exactly there was a comment that there were no notes and this was a PDF so I'm assuming that that is what was actually submitted but in any case I am here to answer any questions if there may be questions about the budget I did leave my information with with loose and I and I know Chuck knows how to get ahold of me so if there were any questions previously we could answer them and i'm also here tonight Thank You Corey Fenton hi I'm Lori feta and I'm the community representative on the board and a volunteer financial officer for a CLC I'm here tonight to talk to you about our planned role in the community and to give you a little bit of financial information we recognize that a CLC was started originally to provide a innovative educational program on the west end we have providing innovative educational program we've had successful test scores and we've served some lesson students but the only way that we can serve more that we can bring our choice to more people in the West End is to be allowed to expand the ethnic mix that we have now has been about the same for the last five years we're close to the district percentages in African American and Pacific Islanders we are over the percentages for Caucasians and we're under for Asians and Hispanics like other Alameda public schools would give sibling preference and so only about ten percent of our learners can be new each year with the required random lottery it's hard for us to move the mix with just the school we have now but with an expanded opportunity in the center we can serve more West End learners we look forward to working with the district to do rigorous analysis of the impact of our educational model I don't think that was three minutes so please continue do we have high test scores and a smaller achievement gap because of the people we attract or because of our longer school day or the commitment of our facilitators do we have significantly lower discipline problems because we have a learner ledge additional system because our parents volunteer at the school or because kids that have a tendency to fight don't want to all in our program will gladly work with your staff to design scientific studies to help assess these questions but the people that assume with no evidence that our model will not help academically challenged West End kids who assume that those kids need to have it tightly scheduled back to basics curriculum to succeed are also displaying their own type of prejudice we don't claim to be the right school for every kid but we believe that more of them deserve the opportunity to try our model on the financial situations Peter said we're happy to review the assumptions with you will provide information including the confidential salary assumptions to your staff and we welcome your oversight on any audit exceptions that may be raised we'll do whatever it takes to bring successful educational choices to the west end of all in all of alameda kids my kids graduated six years ago I have no personal interest in this our school would be fine the way it is without growth but our educators our community are committed to expanding the PIAA number of people that we can serve and that's why we asked you to approve this charter thank James venable I want to respond to the criticism that we did not provide a comprehensive description of our k5 program I worked on the cake I part of the Charter our vision for the Charter application and the appendix in is the same as the vision of public education to teach all children basic academic skills we plan to achieve this by implementing a balanced curriculum broadening literacy instruction and fine-tuning assessment by providing a balanced curriculum we are not only concerned with what we teach but how we teach it powerful teaching is responsive teaching that is based on the learning styles and the cultural backgrounds of the learners as defined by gay sooo bad Geneva gay and G lanston billings the nia charter school will use research based instruction that draws from many areas including linguistics cognitive psychology socio psycholinguistics and from ongoing classroom practices developed at schools of education such as Columbia University's teacher college with Lucy Calkins stephen krashen from the University of Southern California Shelly har Wayne at the New York City school system among others all members of the National Council of teachers of English our approach embraces a progressive ideology that recognizes that language is best learn in a meaningful and purposeful context when students are engaged in authentic language use three things happen they learn language reduce language to learn and they learn about language therefore they will learn to read but also learn read to learn we plan to broaden literacy instruction to include not only conventional reading and writing but digital visual and critical literacy we believe for a child to be successful in the 21st century she must know how to use these literacy skills we will fine-tune assessment yes we will use traditional measurement tools for accountability but we will also use data that comes from an offer observational context evaluating learners individual processes and the products in addition learners will participate in the assessment process of their own learning finally air vision includes hiring staff members that understand and choose to participate in this vision of educational change thank you we've in the question Linda McCluskey appreciate this chance to speak to you again I worked on the k5 part of the program in the proposal and will speak to you about some clarifications but I want to tell you that as a teacher when I was here I felt empowered by this school district to make change I felt him empowered to look at myself and the way I was raised and recognize where I was raised with racist thoughts and where those got into the play into my way when I was teaching I felt empowered to integrate my special day class with a regular class I felt empowered to make changes at an amazing program at paid and some which is still surviving not too much but a program that was much like what we want to do for the k5 etnia Hayden if you can picture that has a central Learning Center and many classrooms around it that's really the effort behind what the k5 would look like we realize the k5 student does not in any way shape or form is not an englisha perform ready to take on the responsibility that the 612 students for instance at a CLC take on the younger students need a dedicated facilitator and a dedicated space to work in they will need also chances to be in multi-age groupings but that will be as needed they need hands-on direct involvement in their mathematics and science curriculum they don't need reading books there was a huge movement in this district when I was here that was very exciting to help those of us who are elementary school teachers not teach the same dinosaur unit every year think about the disservice there in the inner and an age when kids need to know science k five students need to mess around with it and they need to do the same thing with mathematics so that they understand what's going on behind multiplication not just the facts they need to know both they want to mess around so they understand the principles about the water cycle they need to get their hands in there so it's a small is a different model of the older aac-lc but it's still the same in the responsibilities that the young people will take there will be years on what's called the reading and writing workshop which was developed in columbia it's been around for 30 years there are other districts in this area that use up and in fact it was the basis for the underpinning for the reading program at washington school when they when they received a distinguished school award in 2006 that program encourages with the support of facilitators young learners to make choice in their reading and in their riding with the direction of others the program will go on and look like that and we expected to be able to sit down with you guys and iron that out if it was necessary we'll be back thank you like a motion to extend the meeting move the we extend beyond 10 30 second second all those in favor please say aye hi unanimous okay we keep going ball bends thank you thank you for reading our Charter and considering our charter when I originally thought about what I was going to speak about tonight I thought I would talk about the 13 points but I'm not sure there's any point in talking about the 13 points you have our response to the 13 points and Chuck sorta made it clear that that his opinion was that you guys stopped at 13 points because you were just tired and but if I responded to 13 these 13 points there would just be another 13 points so it's kind of pointless I can tell you that you know the Charter was reviewed by several experts miles Dennison reviewed over 56 graphs of this charter from the charter school development center this is what he does for a living Paul many are attorney reviewed our Charter and neither one of them after look after reviewing our tire and reading the comments here you know believe that our Charter is seriously deficient so it's not seriously deficient there are some minor flaws in it if you want to use those minor flaws and and and reject the Carter your the Charter you're perfectly capable of doing that you can do that so I'd rather just spend my last minute and half or whatever you know 12 years ago I think was mr. McMahon and miss Daley here hired me to be part of the school of Future program in alameda and it was a great honor and I poured my entire life into it and I think we've done exactly what you asked us to do and as the Admissions Director the hdlc it really saddens me every day when I get phone calls from people that want to come to our school and I have to tell them basically you know you can get in line and that's just gone up and up every year it's going up from 100 to 120 to last year when we had our lottery there 175 people left and for me that was really the impetus for you know saying that we really have to do something we've approached the school district several times about some minor expansions of of a 612 of 6-12 program to grow it over time and work together on this and none of those things worked so for me personally there was is a tipping point where it was like I can't I can't keep doing this I can't keep telling people that you can't have this you know everybody else can have it you're just not one of the lucky ones I'm sorry so I'd like you to you know seriously consider that because you're not saying no to me tonight you know I still got a job I'll still dream up with the next scheme I'll still fight for this battle every day until I retire but what you're doing is you're telling saying no to the 170 people who have already committed themselves and want to be part of this vision it's really about you know them I mean if they want to do it they should be that there they this is an opportunity for them and I'd like to you to think about that thank you very much you know you well you may you well good evening I am parent of a student who attends a CLC she has been going there since she was in the sixth grade I liked the school my daughter loves the school she stays often after school longer working on her schoolwork I enjoy that I can't approach the teachers at any time and they can communicate with me and I can check in with her and see what she's doing at any time there's not a problem for me to drop by the school to make sure everything is going okay with Asia and I am looking forward to the NIA school I have another daughter and I think that school would work just as well for her and I'm in support of that school and I hope that you will support it as well thank you very much Ron Mooney good evening again mr. president and board members logically tonight of course you're focusing on the Charter application and your staff report i would say that there's been a lot of heartfelt things said tonight that certainly will weigh on you as well but i hope you remember the first public speakers words said them fairly eloquently and also someone who i lovingly call mother khan i would agree with her comments too so i would ask you to take a look at the staff report from so far what I've heard tonight it sounds like you have the findings there and I would ask you to uphold your staffs findings thank you thank you fish Spencer good evening I have two kids to go to Lincoln Middle School I have one daughter that graduated from alameda high and I have another daughter who did attend a CLC for a short time years ago back when Linda was there and why did that daughter go there she went there for many reasons she was bullied at Lincoln she didn't do well academically she had issues that was the first time where we felt that she had found a home and I was very fortunate that year to be able to attend a graduation from a CLC and I saw many students stand up it was I think was it up at the Elks Club and speak about where they had been kind of lost not really reaching their potential wherever that was on that academic spectrum and they went there and they found a home and they found a home with someone named mathy and I remember my daughter coming home and telling me you know we call her MA and I was actually kind of offended because wait a minute I thought I was mom well but you know I actually I try to be open minded and ok let's see how this goes she found a home along with those other students and they were students of color and I think it's fascinating this evening that we had two african-american men join us and I want to applaud them because I am pta council president I go to PTA meetings across this city from years I've been doing this and I got to tell you I think this is the first time I have seen two african-american men come to a public meeting like this that's right that's right let's give them credit I say that's extremely important when I see ma fille wanting to leave the school again I say you know what that's nice let's see what she can do let's give her the power let's give these men the power where they are enthusiastic I can go to chipman in fact I was at the meeting the other sunday night at Chipman it was actually at internal cafeteria but on behalf of parents that are going to be going into chipman pause ibly I'm thinking how many african-americans were there hmm you know what I don't think there were any and I do I don't have to do this I'm not speaking here on behalf of my children first of all my children are not african-american my children do go to Lincoln they go to Alameda hi we do have options and in fact when one year when my mother child o mine was having issues we sent her to Grandma's house and caramel she was able to go there for a year my children are privileged I volunteer because i want to share and help these other students that don't have the opportunities that my children have so i have to support a CLC and i have to support it for another reason because these families i'm sorry i'm going to say one more thing these families cannot pay the eighteen thousand five hundred dollars to have their children go to private school when i sit across from mr. schaaf he can his child can go to Julia Morgan and have opportunities other families don't thank you thank you Rob Sultana good evening I'm Rob Sultana and I'm a parent and teacher and just as a teacher and a citizen I think it's great that we have passionate debate about the nature of our schools and how best we can improve them so whatever happens after tonight I think the community's kind of energy energized around schools and how to improve them so that's a good thing regardless of what else happens and I've spent a lot of time in the dense complex forest of charters and law and everything involved this so I wanted to step back and look at the trees as some of the more recent speakers have done and say something about public funds specifically I I believe that about 75% of Alameda households do not have school-age children and yet they all pay taxes and they all support the public schools because public schools provide a benefit to the entire community just as we pay for fire protection even if we have sprinklers in a stone house or pay for the police if we have an alarm and a shotgun but public schools benefit us all and the idea that when I pay my taxes it's for my kid and her education and my younger son's education it's wrong because i'm only paying twenty five percent roughly of the cost of their education even if I accepted that way of looking at it and I don't so the interests of the community are at stake here not just an individual parents desire for their kids and I understand parents love and care for their children more than anyone else but the public education funds are for the community at large your trusty ship or your roles trustees is to look out for those interests and I submit that this charter doesn't fulfill the interest of the community so i encourage you to deny the application thank you thank you Mike O'Malley Michael O'Malley good evening um I like my choices just like anybody else I've heard a lot about choices whether my choice as a citizen my choice is apparent my choice as a teacher at al-amin hime I made a choice to move to Alameda of all the different communities that are in the Bay Area I made a choice to buy a house in alameda where there would be houses that were comparable for less money either are the state or out of the bay area I made a choice to admit my son to an Alameda school I made a choice to apply and get accepted in a position in alameda Unified School District what value do we have of our families making a choice in my family making a choice please don't invalidate my choice and the 9000 other choices of your students by the few that want to make their own choice for us Thank You Virginia McBride hello I'm ginger McBride and i am a learner at the Alameda community center not only am I learner I'm a community member and I feel like I have a great impact in the way the community is run and I feel like the NIA Community Learning Center would enable that many more students like myself to be able to change their learning environment so that it helps them become the best people they can be and become the best citizens that will eventually be responsible for this country and alameda and California and you know a lot of people have said stuff about affects the effects this is going to have but a lot of the times they've been using the word effects and they've been using it in a negative way I'm here to talk about the positive effects is going to have this is going to allow students like me to have that many more windows into knowledge because you know everyone comes in to the center or even even just you know public schools private schools everyone has their own little interests that they go out and they study until they can't learn any more off the internet and go take classes at colleges and such to learn about these things and then when you enter into a community you have the opportunity to share these talents the opportunity share this knowledge so that others are benefiting from it and I find yes that happens in in the public school system in the private school system but I find and I see that it's happening more in the ACL SI system in the system that we're trying to get for NC LC and I think that it would be wrong for people not to have the option to come here and to be able to learn about the core curriculum and then on top of that someone mentioned that we have um enter grade classes um that happens in any school I'm in the band at n Sinell and I greatly benefit from it and I think that if we had a bigger school then we could have our own band but also that's you have 7th 8th graders 93 or 10th graders lens bears 12th graders and we all add into the band one band One sound this is the Alameda community everyone counts one community one voice that basically represents us when it comes to national level and I think that we all need to work together to get the best for everyone thank you that speaker is a mark irons just want to state his opposition to the Charter Roxanne Clemence i'm a member of choice I believe in choice in fact I participate at bay farm schools a media center teacher and our school used to be a school choice we opened as a year-round school we opened to open enrollment whoever wanted to come could come and if we didn't have enough people we wouldn't survive we filled our school we've been full ever since unfortunately over the years as I watched other schools because I remember the schools of the future i participated in the vision I remember Arthur Andersen the science and technology the wood academy quality schools i participated along enthusiastically with all of those innovative teaching methods and more to come but i'm really upset at what we constantly spin down into in these discussions the negativity the attacks back and forth when we should be up we should be celebrating each school each school of choice which is either charter or a neighborhood school I've been attending the neighborhood school task force public meetings where that's another choice to maintain our neighborhood schools and I believe what we need to do I think the biggest is service and all of this is that every time we speak negatively about one program it's at the detriment of another program that's not there to speak and I think I would rather speak tonight I'm going to leave the criteria and the evaluation of the application to the board I understand that there are requirements you need to address instead I want to speak about some things I think the school district needs to do immediately so that we can all have voices at all of our schools and so that students like the one we just heard who spoke eloquently about his program I'm sure there are students at every school in town who can speak as eloquently and is passionately about their program in the same manner so I think that we need to put in place immediately exit surveys at all the schools these exit surveys would provide information that would help to evaluate the needs of each individual school let them set what their priorities are and when we come up against what i hear lose saying is coming the next sets of budget cuts we won't be in another reactionary attack mode instead we'll let schools speak about what the priority is and try to come up with creative ways to finance their priorities well they may have to discuss about letting go of some of the items at their schools we need financial reports not just we talked about charter impacts but we need to talk about the impacts of all of our specialized programs because I consider each of our schools in town to have specialized programs within their school program that need to be discussed we need to have full disclosure we need to understand beyond the district's base support that's provided for students what does it cost at each of the school to administer those specialized programs including new ones that might come along the line I believe that we need to do online surveys of each of the stakeholder groups I heard a lot of people tossing out what they feel is happening it's from school to school and input I see no data and we're talking about being a data-driven community we need online we need online surveys from student groups parent groups community groups and teacher groups at each of our schools to talk about what's working what's not working what we can let go and what we need to keep and let everything else go but keep this essential piece that needs to be at the school we need to be able to set priorities and I don't think we can talk about that now so the last thing I want to say is just we have an opportunity to still share what's great about all of our Alameda schools in each and every one of them and I hope that we can harness the positive energy that exists in each of our schools and promote that whether it's on the TV channel whether it's with PSAs whether it's with students standing up at the school board talking for three minutes about a program that they're impassioned about I just want the negativity to stop and I want us to celebrate what is good that's happening in alameda for as long as we can and to try to find out what the priorities are in terms of the budget cuts that are coming thank you thank you game kappa good evening uh my name is Jane taba and I'm senior at Alameda high school uh first thing I like to just tell that up it's been like when I first came here it was been four years ago and I'm I came from an immigrant family and like when I enrolled in the public high school like it gave me another home itself because my mom and dad they work all day all night and I'm there in public high and I made friends and I mean I used all the different programs that they have like sports and sports and different activities clubs groups to help myself be out there and be known more in the community and in this school itself and as for the charter school that goes the things that were brought out where like you know it's the big money issue yes money is an issue especially our school district has been going through so many budget cuts that it really does affect our school we didn't have we hardly had we didn't even have enough books this year we shared our media center the book ladies we had to share between Encinal high school and almeda high school and budget cuts are definitely affecting that as for or where it said this the money belonged to the students yes it belongs to the students and just for the select few that the mud the new charter school is being opened for we cannot sacrifice the different thousands of school thousands of students they're going to all the different public schools in available in alameda like antonella Almeida and other students are and as there was a thing for the hope that the new charter school brings why can't we see the same hope in that our public schools why can't we see that same gleam of Hope in our public schools we can go out there almeida API scores also was higher than ever before I believe and we went up why can we see the same hope in all our schools that's present in here we can we can make this a better Alameda unified district a school district but if people look at the negatives on both side like the entire budget and entire think about it like there's no way we can look find a better oh so ends Thank You answer towards it like come on like hope is out there we just need to believe in ourselves and me to look out there we can do many things in this United unified school district that can help us with our public schools but if we if the budgets cut are gone over here and there then it's just going to take some of those programs or maybe some of those activities that empowers the student to go out there and seek himself out or herself out and try to be a good student and a good learner and also a good citizen and a community member and I totally think that when if we bring the charter school in it's going to take money away from us and it's also going to take money away from not just me and not just my students that that are in the high school right now but also to the incoming students maybe they won't even have a sports program when they want to come in because due to all the budget cuts like that's not acceptable high school since being an immigrant and the four years that i have spent in high school so far it has been a great experience for me and hopefully that experience stays there with all the students that they come and that the activities and programs provided are not affected by it and i disagree with the charter school and I think it's just going to take a way of puttin it is available to the high school in here that's all thank you Alex Bernstein alright it's getting late I'll keep this pretty short I'm a parent moved I'll meet about four years ago run a venture incubator small venture capital firms I know a lot about innovation and you know there's a couple things I have observed from I feel like i'm a bit distant looking in this one thing is it seems like an overwhelming proposed proportion of the people who are against this have a financial interest in it they're either employed as a teacher and they seem afraid of budget cuts that are coming if another school gets funded I think a lot of their emotional statements a lot of it comes from the fact that their job could be coming underneath those budget cuts and seems like that's an overwhelming influence in it the second thing is it seems like from the analysis that came out in the very first speaker and a lot of the looking at these things there's these legal criteria that the legislature set up that created this need for charter schools are almost like a pathway to create these charter schools and it kind of looked like that we're looking for technicalities so you could kind of skirt the responsibility or the leadership to which you're elected these roles that you sit right now he's sort of scrutiny responsibility to say well can they amend the document what if they change it and it gets better and it gets approved by the next level up or the next person after that then we're going to be saddled with this thing let's hope that they can't change it because they made a mistake and then oh my god they can apply tomorrow and fix it and I hope they do I think they'll be back tomorrow and the next day and when they do you just get some point the responsible is going to fall on you to make a very hard decision there's hundreds of parents who've lined up and said they want to go to this school whether they represent those exact dollars or not or twenty five percent or 75 per cents largely irrelevant there's a huge need for this they've got a proven team of people are incredibly passionate and you've got an opportunity to lead with innovation rather than trying to continue established and I agree that it's great that these schools have passionate students I'm glad that they're here I wish there were more of them here but it doesn't mean that that continuing the status quo is the right path for innovation so one thing I would just say is let's take a look at what's going to happen in the future they will amend their process they will change the documents they will continue apply they'll probably reapply here and at some point you won't be able to find a legal loophole by which you can deny this charter because it's the right thing because they are confident because they are striving for ethnic diversity and all of the thinly veiled racist comments about how a lottery system and how not letting more students in is just going to propagate the problem even further are all ridiculously thinly veiled fear fear fear holding people instead of moving forward for innovation so I'm asking you to take the chance now to take a leadership role because it'll come back to you in a month or six months or 12 months and at some point the school system is going to evolve because the passion these kids and the passion of the parents and passion of parents like me is not going to go away and we're not going to stop we will demand that our school systems evolve and this is one path we see and we're going to fight for it so thank you please have the courage to lead iron madani do I get the name right dart dart dorming dar me sorry about then sorry um my name is dodge money and you keep saying equality equality equality um we want to give more to those who have less and it's always the minorities it's always the Hispanics the african-americans the underprivileged we keep saying things like this and we keep saying racism is bad that you know these people are equal to us in terms of their race and their status and everything and then we say these people are not able to learn as well so they need special facilities need special treatment is not not enforcing the same racist stereotypes that we've been trying to abolish for what decades and it's not about the money it's not about the money going to the system because our school really has such bad you know curriculum such bad facilities you're cutting money from AP classes we don't have money to make copies for stuff that we need that's fine it can't get much worse I can't imagine the problem is some people think they deserve more they think that it's okay to take from others for themselves that's the issue whether or not they are allowed to take it if you want to promote equality in learning you can't force it on people the second you start telling people they are special either better or worse and that they need special facilities they need special treatment their will to fight is gone one of my oldest friends he was a horrible student sees passing was a virtue to him but when he met me I talked to him I told him why why not try it's your education it's your life his parents were horrible they abused him physically and there was that's not the point but after I met him he decided to start trying he had a four-point-oh the next semester the very next semester and it was about trying if you want to promote equality I suggest you start getting people to want to learn I suggest you start equalizing not equalizing I suggest you start promoting will to fight for yourself will the fight for your education and what you are and that does not come from better facilities or better or more money going into the school system it comes from people that's where it has to come from you know everybody else walking up here they start quoting their qualifications they work for so-and-so amount of time at everything this is why their opinion matters well I'm not going to tell you how long I've spent helping the community I'm not going to tell you how long I've spent you know fighting for what I believe but maybe you away my opinion the same thank you and then oh I'm sorry um my name is Tina nyan I'm a student at Alameda high school and I'll be honest I'm not the greatest student out there heck I'm barely at the average but the thing is I've noticed that a lot of teachers at a CLC believe that they should let more students into older school I think if they really look that then they should do that but if they want to take and make a new school overall then it just proves I've been giving up on public education overall they want to make a new charter school that way they are not involved in the public and the public is what we want we want to improve the public overall anything else we don't want to lower the standards we don't want to separate people we want everyone to have equal opportunity if you make a charter school just for the sake of someone else because they want to like have a better education or solenoid it's not them it's the students and the teachers that overall build it like I see these dedicated teachers at ACL see that should probably be going to Encinal high teaching public kids with classes full of 35 not with 20 or smaller overall they just say okay let's make something better let's take these small amount of people and teach them why not teach a public school you love students but why not teach you a public school you teach at a charter school that is not really a public school you have to go through a lottery public school especially open to anyone a thing I want to leave with you is the fact that there are so many students over Alameda high and Snell Island what not the textbooks are out of date everything needs to update everything needs to get fixed heck teachers give up on students nowadays why do we hire these people why do we give up on the Public Schools Board why not improve it why not make it better I want to leave you with a quote a very infamous eminent quote that everyone should know the road to hell is paved with good intentions thank you leave it or not it's the last speaker slip Ron wolf superintending board members my name is Ron wolf I'm a reserved person and quite uncomfortable about being up here but I want to voice my support for the charter school since I've read in the print media online media about comments that this is for the privilege elitist minority I'm not among the economically privileged I'm a filipino-american who struggled through the regimented public school systems with my own learning disabilities during high school I found at least a few teachers who stepped outside of the norm of teacher dominated instruction methods and allowed me to excel in the sciences and math my children will do well in school because they have very involved parents but I want them to have an opportunity to thrive in an atmosphere that promotes independent thinking respectful debate and exchange with their peers and teachers with a facilitated environment I want them to learn to be excited about their education I want my boys excuse me I understand that my boys may not be admitted because this is a lottery there will be a distribution of students respective among those who choose to sign up for this lottery and not a selective admissions process to attain artificial elevated scores my wife and I have gotten to know the core n CLC team and we know that this is a group of highly qualified resourceful motivated and dedicated individuals who I am confident have developed an outstanding and effective program this charter school gives the that choice for the current students within a u.s. excuse me the Alameda unified school district and will attract some home schoolers and students currently involved in the private school in private schools please approve this charter petition thank you we'll open up for board discussion um sound like to start Mike no go pass crazy um before I before I I'm talk about the petition or anything like that or discuss what's been said tonight I want to ask on the super ten and a question and because we just went through a debate in fact the last time we had this many speakers was about the Edison enrollment debate which was a couple months ago you all might remember that and it was about students who wanted choice the choice to go to edison school and so when I want to ask the superintendent is with regard to the UM the the demand for Edison or Franklin or Baffin Island school would you would you what would you say if any one of those schools were open else into open enrollment would you expect that you would have a demand of 20 or 50 or 200 yeah we probably have a huge demand so I mean within with yeah I mean I well that's lightly I mean I expected that you would say that and I guess my point is that this is a great school a CLC and there is a demand and there's a waiting list and there's a lot of people who are really excited about it and that's been well explained and well discussed tonight and in other correspondence but also tonight and in correspondence we've heard that there's a lot of schools in the district that are in demand and that would have a waiting list if we if they were either charters {00:00:03}	1
{00:00:22} alpha road Oh you want Oh as long as we know our agenda is up here the bathroom features starting to my first on this year state the following that our agendas when they are posted to the public Natalie's a busy agenda master so from here on in that means there's many items for the agenda exposure to that isn't confidential so that you presentation is jewelry I thought gray I will see you in the audience alysha rylee vector he's not so hopeful you have to deploy on the agenda see how how that worth the trade shows up next item on the agenda is common for the public on items that are not on the agenda if they're on the agenda your college he'll the item is called by my board board discretion also items on the executive session agenda are not to be seen right now so any item that is not Todd public agenda to make presentations I I on them for your life in 30 perfect thank you very much sure I am I'm here voluntarily along to the white pathway energy bar by a Confucian in this fish tanks regarding spastically you're both be happy with us angela was a to begin with I was JD saying what experience however you have more negativity and pump it up the unit was not late because we wanted page in it I'm fighting in 2008 mr. cumin get to pick up our yearbook conveyed my 300 pages for not uploaded into the system an HTML page took a very long while women though observe this who committed us to train the year what there was never any mention of human writing the time saturday marked well mr. Modi's visit impactful typical party and as we have the weekend to finish your book the year of a collectively decided to place inside whether the very last moment furthermore our basil things were already done one thing once we clear that deck who has got to be someone the university so that we evolved is a recent one is he really would appreciate all right we welcome you look for many hours knowing that is your bonuses stipend is being held is a big disappointment to me does he have decided to donate his pipe into the yearbook staff his work is done and so is ours thank you oh and I'd like to present a factor of minus the web he thinks all my name is recently graduated from the class of two thousand eight and I was the editor the 2007-2008 practical high school yearbook but why am I here at employment can I recall the minutes of the past 14 I can see many things that are not true now what I have to say is nothing for the truth I have no reason to lie I have a college graduate and has a year with me I am just trying to prevent the other class of you expecting what I covered and to shed by on all another question to begin with our original deadline will not bend towards 31st of the game that is print but Michigan the dead presence of a new deadline when he turn in 13 days late component of a new contract I decided on generate to a second of the knee and violated on every 15 and watch ten thousand eight the contract says that for every day Monsieur than is a wee pictures that you're looking president extension of two days pudding after our original seven fishes or surgery taking into the account 13 days he would collectively late amount to take 26 days which means we could have turned out of your lip to him on April 26 that really wishes met any blame tape on our part on why the yearbooks relate however there are other point that I would like to mention the first via database which included senior portraits junior sophomore and fat pictures the yearbook current program without the database without it we do not know how many pages and intelligence this database was installed on April face five days after original deadline on march 31st in addition a program required to play that you put together easy book and not allowed nails being edited once they were uploaded I have to fix problems in the photoshop file stayed in jpg out of order and finally uploaded again when you part that these five minutes per page later time there was more data in the evening of crime ultimately editing wasn't done to the point I would like but editing was it wasn't it's very the minute said quote unquote that your book contain many early but errors exist in every year of CHS has seen and they are not dramatically perfect finally after reading the minute I also seem to get an understanding as importantly the yearbook that an advisor make decision of having 300 pages either at the last minute or time that as a result will change the date of arrival of the yearbook the United pages were decided early in the year but mr. Denton you about this and do not mention that your roommate is that were the reason moreover Villanova staff and even students expired nearby review which room and its lack of professionalism created more problems than expected it realized the ultimately like maybe rely on how this work has been over the years it is ironic that for the past four years the yearbook on top and we're going to put a sane teacher more than 14 years foreign teachers whatever that is you know what to change {00:00:28}	1
{00:00:15} really help communicate he dynasty please I Oh including a letter of resignation very No keep it on a lot did a great job work at stay a school day your application the regiment's presentations there anyone who would like to address infant again for the discussion you one of the troops were asking to cover anything but was I'll take Cooper's one that would be good and also Terri Bryant you ask people ok we would have we went out to be hi my name's Diana a llamar the pair of our what we what we typically do Paris speakers the district and then and discuss what they ask you some questions that makes a very simple losses here based on there and my child currently 10 Hebrew elementary my I have five children attending school right now she the only one in heber my eight credits moving on to high school she was the one watching her after school now I'm here my husband's in the military so he often never around but when he's around community San Diego and I have no family or have been here almost two years so I really don't have support system my I have an infant my child goes to a daycare in el centro I also work in el centro so I have no one to watch her after school for the next school year 10 years after so that's my my first concern and why I'm requesting that she moved to an l petrol school local to my child care because she can transport her to a school nearby her house so without that I don't have any way to get her you know after school I have can't have her going home alone years old and then the second breathing in that my child came from San Diego and then she'd been in beaver school she's already in bad they're great because she's above their standards so they're still trying to do think the Challenger this year you know the teachers like supporting class and all your pencil and I don't know what to do with her and that type of thing that's my my second but my first right now I don't have childcare so I don't know what else she might I have three in high school and they're all in like after school activity then then she have a negative 10 month and she the only one elementary or not in Russia unavenged messer in high school like my eighth grader wasn't and that's why i was able to do this the previous years I had an older child home with her but now I won't just going to be in southwest and there you know pick it up later and they have their own schedules 20 21 this other love 10-percent out and have that timber sale pregnancy it all we always real parents question is who wants to go ahead and take an action which directed option we are the legal system but the Bible a policy angle memory pool and the legislature which by the mages recently in class session when the toll reinforce keepers standing so so there's a wall behind you {00:00:24}	1
{00:00:05} this is a public eating if there is a matter of which you wish to be virtually who should be a bird please come forward to the microphone address for yourself to the to mention steady the name and address for the record the chairperson reserves the right place a time limit on each person asking deeper if you wish to address the Commission concerning any other rather than a Commission's jurisdiction you may do so during the public comment portion of the agenda any person not satisfied with decision of the Planning Commission they file an appeal to the City Council to the office of the city Oh type it here boss article very discussion this hitter question on the interim status in green that mean that was your status at the moment so you want to make sure I had obtained before that thank you thank you motion passes virgin the existing two-story 26 jest moja and five commercial office spaces to a 39 unit office condominium complex on property located instead of 25 West states to decide to throw described in 05 321 dad visitor three proposed office condominiums will range in size from 300 square d 26 others for their access decides to both work with wide driveway located along State Street egress will be divided rich culture collide alico in along the southern perimeter of the site easterly and south seven through twelve initial first start thank you on the world chairperson and members of the Commission as you make a call every question at this ime continued made last year the proposal we request that a conversion fiction story 46 guest room motel and I commercial spaces for 39 DNA off of the common alien combo is located at 75 west state street at the time that the application was submitted to the same that cycle of zone general commercial however since then we have updated our zoning map ms consider now downtown commercial this is the project site again it's at the corner of State and seven this is the area and this is the proposed tentative that death scene proposed as mentioned before the map proposes 39 office condominiums ranging in size from 300 to 600 square feet the project the full but then the project will be eliminated and that will provide additional parking area the Toa barking outside parking within these sites will be 39 part of off street parking spaces and it would also the project would also require a 2200 square feet of blacks changing this is the subject side looking southeast looking south looking west and looking each it's right across from the idea now the project proposes garages to the south of the project and if you can't really see them from this picture that this is just detecting the looking north from the alley the car parts will be enclosed of private garages that is the case the project will be required to provide us by foot setback in the rear yard of the project the project the total number of parking spaces required for this project is 67 parking spaces 39 will be located on side and the balance of those will be paid by in accordance to the city's ordinance of a pig in the fee for the efficient parking and then show our city ordinance allows for the station of a movie for any official parking if a public parking area is located no more than 500 feet from the project site going back to the project site you can see that just to the Lord there is one sparking public parking area and then just north east of the project there are two parking structures located within the project area be this party is over the difference between the project site in this parking structure is over 500 feet so this will not count towards the credit the but the project can do is of we would create these parking spaces and this project is parking space to accommodate the deficient partner is we are recommending that because apparently open to allow any public comment at the same time we are staff recommends at the resolution finding that negative x declaration was considered by the court also and also that approving condition improving the tennis matt has proposed now if you go back to the last page of your salary for the last three pages you will see exhibit ii which i can invite all the conditions of the project I will not going unless you want me to go through all I'm not going to go through the I think the important ones are again the off street parking as conditions 11 which will require the applicant to the pulpit eight hundred dollars in the state parking lot acquisition fund for each division parking which will be 28 the landscaping will be provided that we can be conditioned seven condition a again if the car parts are in close there shall be a minimum of five foot setback and condition of the twelve which identifies the need to provide a left turn only sign on the one way and creat only we located along west a street so it would be left here only the other conditions are just our static conditions and that concludes my report yeah there will be a a parking papers have calculated on the overall 67 information there's a formula but it became a number of parking parking spaces in a cage and it has to be this problem will require two hundred reward 20.2 emi {00:00:08}	1
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1st row	{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}
2nd row	{00:00:24} alright alright let's welcome everybody we've to the city council meeting of the League City Council on october twenty fourth at six pm and let me call roll please Gary Schultz here Ted Nelson Mike Barbour affirmative Tommy cone here Chris Samuelson air Phyllis and boy here John Key me present Jim nill ever very good item number two we will now have the invocation pledge of allegiance to the flag US flag and a pledge of allegiance to the Texas flag our invocation tonight will be by Pastor John Newsom from Bay Harbour United Methodist Church you must be the new a new pastor I'll have you been there six more for months all months okay I don't go there go otherwise indicated haven't been well we'd like to recruit is that clearly not the text now would be a good time to turn off all the cellphones and let's pray well father God I thank you for the city and I ask your blessing upon those who govern it Lord we asked for that this would be a haven of peace Lord a place of prosperity for its citizens Laura feel thankful for those who do serve and those who serve in the police department on fire department we asked your protection your blessings upon them also and lord I also ask that you just give divine wisdom for the decisions that must be made some are very mundane but some may be are very important Lord they affect the lives of the citizens of the city and so I ask that you just guide and direct this City Council the mayor that it will make the right decisions and that things will go well and continue to go well in this city thank you for the privilege of being a citizen in the city of living here Lord and I thank you for all that you're doing and blessing this city and I ask all these things in the name of Jesus Christ amen I of the United States of her and to the Republic for which it stands one nation under God indivisible with their routines okay we will now move to item number three approval of minutes we have sep tember 26 regular meeting and october the third workshop are there any changes to these minutes hearing none these minutes or so approves item number for appointments proclamations presentations and awards I show none item number five public hearing and action items from public hearing a hold the public hearing to consider proposed assessments against phase five properties in the city of League City Public Improvement District number 2 victory lakes established by City Council resolution number 99 dashed 61 we will open this public hearing at 6 05 anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at 605 and move to item number 5 be considering take action on the approval of an ordinance to levy a special assessment against phase five properties in the city of League City Public Improvement District number two victory lakes established by City Council resolution number 99 61 very rude to approve council McCombs has made the motion seconded by Councillor Mike Barbour this item is now open for debate councilman garlic that can just ask mr. Han's a brief cushion for the record my name is david hassan the executive director of the victory like stars and kid from Houston Texas thank you what one question i've had since the last time you and I've seen each other and we'll see each other I guess tomorrow a new record mean the sound barriers that are described in the financing for each of these public improvement district assessments is that the five or five foot wall the brick wall is there something else that is considered [ __ ] the brick wall is paid by the tours and the pit both but is the ball along along walking ok the wall along walker and most of us paid for by deters and what's once they are built and constructed who actually has ownership of those and it's a pub it's actually in it's actually owned by the city ok so student to the city guide doesn't yes thank you very much ok it's a public improvement great Thank You anybody else on the pier ok the emotional floors by council McCombs to approve second by councilman Mike Barbour with no further debate please vote for is unanimous motion passes item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or a business located within the city or their attorney a statement of no more than 3 minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Jeff Hagan Oh mr. mayor's house members of council thank you for the opportunity of addressing you my name is Jeff Hagan I live on Finland street in the Glen Cove subdivision and I'm here this evening to express my concern with regard to some action over the bridge on seminole Road that I've only recently become aware i'm here to automate clear speaker might be own behalf this is a last-minute thing but i would like to acknowledge that some of my neighbors at last minute have also shown up and wish to let you know that they have similar concerns if you'll show your hands Oh proximately three years ago this bridge was condemned by txdot we were informed by letter from the city that this was the fact and that the bridge would be repaired text thought would be repairing it in the city was involved this letter established a trust amongst us that the city was keeping us informed of the situation and that we would have our bridge back and we'd be rejoined with our neighborhood apparently that this is this no longer the case there were some rumors over recent months that the bridge was not going to be replaced it was hard to find out what would happen I was put in touch with councilman Kenan who informed me that he had heard some of these rumors was uncertain to exactly what was going on at the time this was i believe the june timeframe and would try to have somebody from the city contact me nobody from the city had contacted me with regard to this and due to personal business I had not had the opportunity to follow up for a few months until I saw construction crews in neighborhood working on the bridge last week asked what was going on and they they didn't really seem to know but didn't sound like they're rebuilding bridge so I started making some inquiries again got in touch with mr. Keeney again who informed me that City Council had decided to allow the bridge to be demolished we've learned apparently the City Council was unaware that there was a neighborhood opposition to the removal of this bridge there is in fact strong neighborhood opposition to this removal the neighborhood was simply uninformed and the original decision to replace the bridge was going to be rescinded and had no opportunity to comment on this matter apparently this came up at City Council in January tent when I myself was actually on vacation and had I even been aware of it could not have been here I I want to make clear that removing this bridge is going to sever us from our neighborhood facilities I bought into this neighborhood myself a number of years ago thinking that I had access to a certain public park and access to a boat ramp I'm now going to be severed from that and experience a loss of enjoyment of my property that i had thought would be there given that i would like the city to reconsider this decision and given it the city still owns the right of way to this bridge i would request that the city keep us informed of any action with regard to this right away and furthermore that the city allows text stop to proceed with reconstruction of the bridge as originally promised to the residents of the neighborhood if in fact the city goes ahead go ahead Jeff you're speaking on behalf of at least six or seven people out here so go ahead and thank you your honor if in fact the city goes ahead with removal of this bridge against our wishes speaking on my own behalf again I certainly will look for whatever compensation whatever Avenue I have to receive compensation from the city for the loss of enjoyment of my property the severance from my neighborhood facilities and from any other encumbrances or adjust to my property value that may ensue as a result of this action of the bridge let's that's all I have thank you very much thank you Jeff Beck includes item number six we now move to item number seven consent agenda item 7a through 7l there yes sir I'd like to suspend the rules item number 13 council member comments forward council member Jim Nelson likes to suspend the rules and move item number 13 up I'll suck at the council member John kini has seconded that vote on that way through the battle net no debate no discussion on that please vote you can't discuss some motion to move up to suspend the rules of move up so but but you're fixing the talk so you talk there how you get opinion on how the vote goes let's say okay in favor councilman barber combs kini Jim Nelson and Phyllis Sanborn oppose councilman tad Nelson and Chris Andersen and so the item number 13 council members comments has moved up Councilman Jim Nelson power away all right first of all I'd like to mention the death of a former city judge judge web he passed away last week and his funeral will be this coming Friday I don't know it's going to be a jack row but I don't know what time you can probably call Jack row if you're interested in attending to find out what time it's going to be judge web is a was a very loved and admired member of our city and our our judicial here in league city and he's going to be sorely missed by family and his friends so if you couldn't make the funeral i'm sure that his family would appreciate it and the second thing on my agenda is the library items l the hall library will host the next family event in the Susan use memorial theatre on thursday october twenty sixth at 7pm Captain Jack Sparrow of the movie pirates the caribbean will be here to attend entertainment hell hall library sponsoring a free early literary workshop or child givers on saturday october twenty eighth from 8am till 2pm to 30 p.m. excuse me registration is required and will be accepted on the first come first serve basis friends of the library will host their semi-annual book sale beginning Thursday November second for the friends members only at five-thirty p.m. til 730 p.m. the book sale will open at to the public at Friday November third at ten a.m. to four p.m. and again on Saturday November for ten a.m. to four p.m. the book reviews for adults will be held on Thursday November night that 1030am and will feature the review of kite runner by imaging Christian and finally a evening book discussion group will meet on Monday November 13 to discuss any book written by Diane mutt Davidson on a personal note I would like to express my love and devotion to my wife of 46 years it's our anniversary tonight I love her very much and i hope i have another 46 years with you Thank You captain barber oh I wasn't anything but now I'll say Happy Anniversary chimp council McCollum again I like to echo councilman Nelson's comments about judge web he was a wonderful man a wonderful judge for this city I worked with him for many years it will be sorely missed mr. Nelson I'm not for sure why you're here tonight you may not have another 46 years official but again Betty out you're right volunteer for the city congratulations and welcome everyone out mr. Owens I got permission okay that's it council makini i just want to remind everybody to attend the south shore harbor wine festival it benefits the leaf city rotary whose main goal is the eradication of polio also contributes other various civic projects and the community and it's miss chambers if you are going to sip October 28 from 11 in the morning till 10 a.m. at South Shore arbor sauna shall Shore wine festival at it that's it congratulations thank you for us I don't think councilman councilwoman Sanborn ok good evening it's nice to see a large crowd here tonight a couple of things tonight it is red ribbon week here and lake city in throughout the united states our city is all decorating with red ribbons they look great we appreciate the students and in all the PTA and the volunteers that put those out also I'll November first I requested us or a workshop or we're having a workshop and I've requested that we review our smoking ordinance on that on that day it's something that we've been working on for the past few weeks and I invite anyone out that would like to come out that night and review that with us and give their opinions it's something that we started working on before there was so much publicity about Houston's smokin or another thing is I to say Happy Anniversary and congratulations to gym and Betty Nelson and as our minister prayed tonight and said it is a privilege to live in Lake City I want to second that it is a privilege to live in Lake City Thank you Thank You councilman Samuelson Thank You mr. mayor two things number one early voting has begun and although a lot of times people in league city are kind of apathetic when it comes to voting I'll tell you that as an attorney I can share with you there are some very very important elections going on right now for some countywide positions i would encourage you to get familiar with who your candidates and elected officials are for county positions County Judge positions things like that go out and exercise your rights early vote if you can but if you can't show up on Election Day and exercise your vote number two I want to thank the citizens who have provided me with many many many responses with regard to my request for information about the animal ordinance Ted ordinances for the city I've gotten a lot of responses good and bad as some I like some I don't but the good thing is a lot of people are responding i'm getting a lot of feedback and hopefully in the next meeting or two we should have an ordinance to present to the city to update our animal control statutes the hit that's it nothing else Manila just happy anniversary very good thank you we now move back to item number seven consent agenda item 7a through 7l this mirror I'd like to request that we consider 7a separately okay we will pull 7a for discussion the airport may I remind you that the staff requested 7lp no action taken okay 7f is off the table mayor I would ask 70v like David do you like boy like boy pool completely or just for discussion discussion for discussion on individual vote okay and seven e4 discussion sand that is d like David E is an era p is in Eric okay where h over okay h half of it yeah we're going to call it a consent agenda anyway it's now item 7c d g i j k and l it's okay i'll check in the poach a motion to approve what's left of the consent agenda by Councilman ted nelson seconded by Councilman Jim Nelson this is open for debate hearing none please vote before is unanimous so what was left of the consent passes we now move to item 7a considering take action on the approval of the use of municipal court technology funds for the security equipment upgrade in the municipal court lift your proof Second Council mccombs has made the motion to approve seconded by Councilman barber andis item is now open for today councilman Barker just real briefly if I need to educate myself on this one more time when do we need to go after bed on things is there a dollar amount that's a firm dollar amount above which we have to go up to did under state law it's anything over 25,000 under the city's own personnel I'm sorry city's own purchasing policies anything over 15,000 okay but the state over farmers please thank you I just was looking to clarify that it's a thanks look okay anybody else on the cube okay motion is to approve by council McCombs seconded by Councilman barber with no further discussion please vote for is unanimous motion passes we now move to item 7b consider take action on the donation of abandoned or unclaimed bicycle bicycles to bicycles a philanthropist philanthropy group we could pull that just so i'd have to say that though Phyllis brother's building philanthropic I just learned something tonight okay okay council because you want to read your motion specifically I'll move to your food somebody else has to say that okay i'm going to say counselor causes motion to approve and who was it seconded by Councilman Sanborn is second to that and it is now open for debate and Councilwoman Sanborn when I was reading my packet lastly and I read about this the reason for those of you that may not know that these unclaimed and abandoned bicycles are being donated is because our new Walmart some generously donated all the bicycles that will be needed for blue Santa this year correct chief Daniels well the walmart has donated the bicycles in the past we certainly expect you continue okay well I want to closer to home okay because the the sheet that I got said that they had agreed to donate enough bicycles and I think what a lot of times what you do they work on these and donate some of these bikes but my question was where are we what organization are these bicycles going to be doing well that that's the name of the organization the bicycles of filling profit group and they they are their nonprofit corporation is called Bay Area Christian services and they run lighthouse christian ministries so they'll go to children with in the bay area right there go to a lady deeply dear okay thank you okay anybody else okay motion on the floor is to approve seconded by Councilman together up Phyllis true I'm sorry barricade Emil go just a quick question do we do we identify these bicycles at all when we receive them like I must engrave something in them or serial number at widget we note there of course we log it in by a serial number or any other numbers owner applied numbers or so forth that they come in but we don't actually grade them ourselves okay hey John council would you check your button for a second okay very good all right okay with no further debate please vote for izz unanimous motion passes 7e considering take action to grant a variance allowing malik chiropractic health clinic to hang a banner across FM 518 groups approval for discussion okay council McCombs was made motion to approve a second little bridge okay councilman jim nelson has seconded that motion and it is now open for debate councilman Samuelson mr. mayor I ask that that be pulled just because i think that the citizens need to know why we would consider approving a a banner across a public highway to private business okay and so Larry do we know what does the banner say it's right here just some time you tell me just by years women's I'm doing which my understanding was it was a 501 3c and it was for a nonprofit organization that no I'd in a woman's dead calculating so the banner ID it shows in the background that is for a non-profit event so I assume that it's not benefiting Justi just the business i guess but for the nonprofit event itself even though it's sponsored by there's private business tryna i would support that I just want to make sure that the citizens understand that why it is that we would allow the sponsor being a private health clinic to put a banner across 518 council come there i don't think councilman simpson brings up a good idea i think we really i mean the information that we have here is very vague I mean the way I read it appears that it's about 11 to receive but or a nonprofit organization I think we need probably some clarification with that motion i would like to amend that motion if it does benefit amount of profit organization that we pass it if it's just a private business are looking at the looking at the documentation here it shows that sponsored by the health clinic i want to make sure that we're going to advertising for businesses that's all the office yes local this has all benefits yup goes to their journey point so i would soon your survival one but let's just clarify that in my motion that if it is a final 13 c 4 nonprofit organization that we accreted well now are you talking obviously you're not talking about the chiropractic lunch no no sir i'm talking about the event itself the event the event is supposedly a 501 3c the sponsor is a private business i guess that's the best dilemma depends on the background clear that it's a non-profit event with all proceeds benefiting by your turning point so which assume that is you councilman councilwoman sanborn is the Mallik Arctic health clinic located only city I'm getting a nod from the audience but you give me yes I'm giving yes from the audience let me show well that is where the Gateway Community Church is a short phrase would and friends with oh it's in France with what it says on the application well the business is in friendswood the church is in clear lake okay yes yeah underneath say Phillip council wants a morir anything else or no I'm just I'm just pondering the businesses inference would and this is taking place in clear lake I question to that that about put in the Sun all right okay councilman Mike Barbara yeah I appreciate all the concerns away i'll just tell you the way I'm look at this it's Bay Area women's day and week City women are Bay Area women I mean stuff that makes you feel a little bit better about it i think it is a benefit to rid of this community and the turning point serves them as well right that that would be my understanding so otherwise I understand your points councilman kini yeah just real quickly to reiterate the previous comments they're turning point serves women and families inland that reside in league city as well as around the area and I think it so it's a great thing counseling tad Nelson are there any costs associated with putting us out who puts it out we just may deserve street department go hang them sonic oh no sir hard mr. emergency plumber was a park board how many times here do we put streamers across 518 are going there do we turn anything it is any 501 C and they just do it everything have an event we have a rolls on as what I'm asking well the rules are just that they have to submit and requested women do those days so from the city and then we go to tech stock and request the permit from a week we go to tech stop yes sir so I mean how much for that means that thank you minutes minutes of them and and we only get about four times a year this is the second one in the two months I've been area sir park ok it's does it's not a problem for you guys well okay great thank you councilman jim nelson yes well this is a good thing i do i just think that but i don't like the idea of somebody's chiropractic health clinic in another city and their telephone number underneath this banner because we have chiropractic clinics in our city and I think that's we shouldn't be advertised for somebody outside of our so if they take that advertisement well sponsored by how I can support it but I can't support it with that on there I'm sorry I i I'd love to support it but not with an advertisement for a clinic outside of our city councilman the cabinets what is the date again November for let's see how the vote goes is this might be an issue where we want to learn and perhaps address the situation differently in the future without sacrificing a really great cause you know what I do agree with both the Nelson brothers whatever that is but but I would hate to I would hate to penalize a good 501 3c because we didn't have any clear-cut rules and regs councilman Nelson and he could use this of the learning experience for the next time Thank You counsel makini well I guess the question is is what are we learning and I guess if either stamp or the mayor would like to bring forth some proposal for qualifications design a banner you know that sort of thing and I'm not sure exactly based upon our discussion the night exactly what you would bring forward but I know that you know we again this is something that we need a policy on and if everything in the in the process of bringing that forward I guess you need to probably email the the no votes tonight whoever votes no go ahead and bring that for by I'm going to vote for it but I still have concerns also because of the comments that were made maybe we can clarify mr. Keeney effect nina ricci I think mystery has some information there is a policy on minecraft these issues but vendors I think also what a suggestion would be to have our special committee Special Events Committee take a look at all these banners and they can set forth the policy to see if council agrees on it that way it goes to the Special Events Committee before it comes to council a bigger thank you it's not so much I think the policy is probably adequate it's just when you have a private sponsor to a non-profit event that's that's clearly what we're struggling with so probably needs to run through the special events or EDC or somebody like that if they've exhausted somebody with the credibility of EDC has exhausted all private sponsorships in league city that would be great but I have to hear that from somebody like EDC me councilman Samuelsson I apologize to you because you were next on the floor that's okay what's right I agree with pretty much everything that we've all said so far and I think that exactly the problem is is that we agree that this is a good cause but I don't think we agree that a private business should have its advertisement on there as well but especially a non-local one the banner as it stands as a top section says Bay Area women's day Gateway Community Church the address the date the time then below that at the bottom says sponsored by Malik chiropractic health care for health clinic and a phone number i would encourage the movement to agree that we can hang a banner to support the event but not necessarily the sponsor as i'm sure they will have many opportunities to advertise themselves at the event and if they've already purchased that banner i'm sure that that bottom section could be removed from it so those would be my comments i would support it if we were encouraging the event and supporting the event but not necessarily the for-profit commercial sponsor councilman jim nelson yes if mr. combs would amend his motion to say that the banner could be approved with what the sponsor taken off I could second that and all due respect mr. Nelson I think that the banner is probably purchased if we're looking at October the 30th for the event to start taking place here so i would say in the future yes but i think this is a good nonprofit organization we are to support it I don't like the advertisement on the bottom either but i think what kind of crunched for time right now I don't think that I'm going to change the motion whole new perspective on the date rollers Leslie okay councilman jim nelson has withdrawn his second son will go second okay Mike Barbour councilman barber stepped up with a second and then the motion is still to approve as is the coolest addition OS that's assuming that very woman's is a is a 501 3c or as long as it's a nonprofit organization benefiting a federal wintry see you sir all you clear on that I have clear so they'll need to be some determination made before the banner is hung if it proves that they're not then the banner doesn't go up absolutely Thursday okay [ __ ] you Larry [ __ ] Councilwoman Sanborn actually all right you want it first I just want the city attorney to clarify who Keith was considering the they on that with this application i think was processed by the worst parts i would probably be within their bailiwick to follow up on know who's they who's the day it's that you're going to confirm is a 503 c place we're going to start it's going to be with the applicant itself malik chiropractic to see if they'll produce the information because they're the one that they're proposing okay but we're speaking about Bay Area turning point right that's right okay in which which they are in our community block grant do we give any money to bury this very turning point get any money from our community Blackburn yes they are a recipient of CDBG funds ok so the city we've already that will some point in time I think twice we have determined that they are 501 C 3 the Bay Area when this turning point is about once we'd be happy to provide information to support that to the public works department okay so steps has documentation but they will provide that very turning point is in fact a 5 o-130 see so the motion on the floor is to approve by council and co-executive our councilman Mike Barbour and with no further debate please vote for izz councilman Barbara Collins John kini and Phyllis Sanborn oppose Councilman Jim Nelson Ted Nelson and Chris Emerson motion passes and now move to item 7 h considering take action on ordinance number 2006 dash 92 to designate the name egret bay boulevard on FM 270 as it extends from Clear Creek to FM 646 this is the second reading club I'll make a motion to approve this for discussion Councilman Jim Nelson's made a motion to approve for discussion second segment of our councilman combs this item is now open for debate councilman jim oh yes we want to do is designate this on the North and the South portion of us with 518 being the dividing line anything south of 518 would be a great day boulevard south and north of that would be agregame of our North instead of just bigger Bay Boulevard says death concurs with that mr. Nelson because there are some same number of addresses on both sides thank you me thank you sir thank you so it's to approve by Councilman Jim Nelson segment seconded by Councilman cones is a second reading no further debate on a few so please vote for unanimous motion passes that ends the consent agenda item number eight with for some staff members mystery is to actually achieve Daniel okay I'm very pleased to announce that the Fallen Heroes monuments been delivered and installed and I like to notify everyone of the dedication for that Monument the Saturday November the 11th at 10am that's veterans day and this monument honors nine league city residents who've given their lives in the service of our country since World War one and I would also like to ask the public's help in trying to find family members for one of those fallen heroes and his name is richard joseph thompson and he died at Pearl Harbor and I would like to very much like to hear from a family member of his as I've been unable to locate any and that is a Thompson with no he thank you okay any further staff report okay please item number eight item number nine old business 9a consider take action on renewing the annual mowing services and channel maintenance contract may I make a motion to approve this contract with a 4.7 percent increase that's like a councilman kini say the motion to approve this contract with a 4.7 percent increase and that was seconded by Councilman Jim Nelson it's now with the debate hearing none please vote four is unanimous motion passes 9d consider take action on renewing the annual streets sidewalk and storm water drainage facilities repair contract mayor make a motion to approve councilman kinis made a motion to approve circuit Councilman Jim Nelson a second to that motion is now for debate hearing none please vote with american plate sorry okay counseling Jim Nelson expectedly the pervert you have a figure estimated figure that this is going to cost the city over the period of the year 264 165 it's a two-part contract one of its bulk one is imminent repairs did we have any money left over from last year we're using that right now is technically you need further questions hearing none please vote motion is to a prudent for is unanimous motion passes now move to item numbers 9c consider take axle enormous number 2006 dash 25 amending ordinance number 200 369 amending chapter 90 of the lead city code of ordinances by adding section 90 dash 1616 under temporary political science secondary Miriam to deny second council councilman Samuelson's made the motion to deny seconded by Councilman tad Nelson this item is now open for debate councilman Ted Nelson the same breed are not for the suspect it's very pretty plate right now with two weeks to go before the November election there's political signs everywhere heck I've had political signs put out but we could at least save city property from this nonsense it just it just walked everywhere people want to put that in front yards that's fun they shouldn't be able to put that on city property okay councilman chris dammit i agree with mr. Nelson which is why I voted against this last time I think that the one place people should be safe from having to be subjected to campaign signs and campaign materials is on city property i think it's an inappropriate place to display campaign materials and I think that we should vote this ordinance down Thank You councilman Tom again i'm in favor for the simple fact that this is only for election day I think notifying the people who is running for far as an important thing you know we just recently changed from voting at schools to city facilities in city city owned facilities if we had a strong commitment not to vote or have the people being political at city facilities we shouldn't have allowed our facilities be polling places I think it informs the public it simply allowing them to put them on the city property instead of in the right of ways like you see at the fire station number four on Barry Boulevard to me it makes sense only on Election Day and that's why we drafted the ordinance to just say only on Election Day not any other time councilman Sanderson again I think it's just the one place that our citizens are you safe from having to be barrage with campaign materials and campaign signs you walk into city property it should be a safe nonpartisan non-political place to exercise your right to vote campaign signs and propaganda have absolutely no place whatsoever on city property councilman kana and again due respect this has nothing to do with the propaganda or the brochures handed out at the city polling places is only the the political signs to notify the public who's running for office councilman keen I guess my question is of the city attorney is have you reviewed this ordinance changes yes I and do they does it in any way conflict with state ordinance regarding handing out posting signs or anything no sir out of state law electioneering is prohibited with any hundred foot distance from the entrance to the polling location and that way which is actually included in the language here so it's really just doing the same that we've done every year except now that we've changed the polling places two more for city property were just continuing what we've done in the past with on school property well right what you're doing is creating an exception to the existing ordinance which prohibits the pipe in a campaign but here on election signs and city property captain Ken Nelson I just wanted to bring forward that we do have a hundred foot marker line and anything beyond that should be available for use by political signs of the candidates that are running it Thank You the motion on the floor is currently by Councilman Samuelson pardon me to deny and is seconded by Councilman tad Nelson so with no further debate please vote I'm sorry through the queue please vote again keep going till we get 90 k 4 i'm sorry opposed his councilman Tommy comes John kini Jim Nelson and Phyllis Sanborn four counts from my barber Ted Nelson and Chris Sanderson's fair make motion to approve this ordinance ok councilman Combs has made motion to approve seconded by Councilman Jim Nelson any further debate on this issue hearing none please vote motion to approve counseling barber combs Keaney Jim Nelson and Phyllis anvil and toes councilman Ted Nelson and Councilman Samuelson motion passes item number 90 consider and take action on reinstating funding for all meals for boards and commissions meetings which were funded prior to approval of the fiscal year two thousand seven budget glued to a proof councilman jim nelson has made a motion to approve a circuit seconded by Councilman cones and the idea is open for debate councillor kini i took longer for be also it was always taken out of previous fiscal year yet prior to the previous year district so it was never in the budget Bell sir it was not in last year's budget okay but there were you know their source I think seven or eight volunteers have served on that board and it's always during the dinner hour and appreciated mr. Nelson would add that back in as well yes sir okay so motions to approve then I'm in my ok well the Russian to include for beat cancer council Macomb second second did that okay and Councilman Jim Nelson with that death may I know but you're on the kid is long story okay I was going to mention for the hook it up take himself off the queue problem okay with no further debate the motion is to approve adding back to Mills for the boards and commissions members and adding 4v with no further debate please vote for is unanimous motion passes with Councilman sandals on out of the room Mary point of order don't stab would like some recommendations on funding also that was completely cut from all the committee's budget where I'm getting a look maybe I should find it yeah how about yeah how about we immediately ello staff level tomorrow and we'll make a recommendation of the council let them know what our recommendation isn't where we're going to get that money sure okay thanks three million dollars worth of reserves item number ninety consider take action on amendments to chapter 78 of the quarter-boat code of ordinances of the city of League City and titled peddlers and solicitors boo boo Councilman Jim Nelson's made a motion to approve a second Councilwoman Phyllis Sanborn a second to that motion is now open for debate Councilman Jim Nelson yes mayor as long as this just excludes the newspaper situation that we had some while ago we did have a peddlers and solicitors ordinance many for many years prohibiting solicitors coming around soliciting things at people's doors in the various subdivisions and in the streets of the city however after we did away with the ordinance when we had the problem with the newspapers one of the subdivisions have been inundated with these peddlers so I heartily recommend that we approve this council McCallum thank you mayor mmm it was my understanding when we took this out of the city or just conflict with the city ordinance I guess my question would be to mr pongco this is the original Turner against the original city ordinance that we had back in 2004 do you see any conflict now today with the capital city ordinance right to clarify what I've handed out is a copy of what existed on the books before the revealed section 78 39 still exists so everything was repealed except for section 70 39 which had to do with the sales in the roadway do you foresee any any areas that we need strengthen well the ordinance to add if anybody I do if anything I guess we need simply solidify and make clear that what was intended in the ordinance was that this was limited to commercial activities I was I'm confident that it already hasn't language in there and that it's restricted only to personal activities but we could certainly bolster it the other issue that you have to understand is that the case with the Chronicle is still pending and where it's actually set for oral argument and Fifth Circuit sometime of december before we do anything before we adopt the ordinance that brings back any provisions of this ordinance my recommendation is going to be that I scheduled a meeting with judge Kent who still has jurisdiction over the case to inform him as a courtesy that what we're doing is in no way shape or form intended to go around his injunctive order and I would certainly welcome the attorneys for the chronic lift the Daily News to be there to do that should we not maybe postpone this item since we're passing an action item tonight well you're not and bring them back to us I prada I think what we were looking for from the staff will particularly for my office was direction from the council as to how broad how much of this they wanted to bring back whether they wanted it to be simply limited to the hours in which solicitation could occur or did you want to go back in and put in provisions that require applications for permits bonds background checks and so forth so we got tonight's discussion or tonight's agenda items really to get some feedback from the council as to what direction you wanted to go and then we would bring an ordinance back for your consideration but what we're passing tonight is we're checking an action item of amending chapter 78 of the coordinates with this current ordinance that does not have all all of your suggestions that's my point I'm I said we agreed that we need to make it strict that we need to make take a look at the entire ordinance but I would hate to make a first approval tonight and make several changes on the second one well what you don't have any specific legislation in front of you time to pass once again this was just something what is this that Mississippi as an information and purpose just it just shows you had currently ranked Frank we're not letting each other's by port we're not trying to no sir reinstate this is Lord and censor ignored especially okay then then let me clarify exactly what councilman jim Nelson's motion has well I'd like to adopt this this article so should should you have possibly amends your motion to say that you give the city attorney you know confidence to continue working on it yes so we're all clear yes okay little bit and Councilman Sanborn are you going to maintain your second or I'm going to maintain one second but I request okay I'm not up till right and what ahead yeah council councilman Sanderson's next I'll have the same word go ahead of me seduce him okay it's right man well this has been a repeal correct all but section 78 39 that's right I don't know if we should do this tonight or if we should wait in workshop it we do have a workshop coming up or a couple of over the next couple weeks I would certainly go with the recommendation of our attorney but there are parts of this I don't mind a scout coming to my door I don't mind a little leaguer come to my door I don't need anybody knock on my door and try to change my religion I know just where I'm at with my religion I don't need people coming out of Houston being dropped off by the van loads coming through my neighborhood knocking on my doors and I don't need people trying to get better changed my electricity over and other things like that and I think that that is what we are trying to prevent is solicitors of that nature and and we're not trying to prevent anything that involves children and youth I don't think that's the spirit of the ordinance and I think I would support that tonight I'm I'm waiting on the appeal is to come back on the newspaper solicitors in the at 45 and 518 I'll tell you why when I was going to get hit one of these days down there because they are out of control running a cars there thank you okay this is officially a workshop item now we'll continue to run down the cube at the motion by Councilman Jim Nelson is to approve the city attorney to continue to work on it and in that that will be we will also workshop it so we can hammer it out after oral has a final product and I assume you probably go ahead and speak to judge can and then bring something back to absolute great councilman kini well I'm not sure if we can stop anybody from coming in wanting to change our religion or or that that sort of thing but we certainly don't need the barrage of people that we have running through the neighborhoods knocking on doors of my direction to the city attorney would be that I want this to be as tough as possible to prevent commercial solicitation in the city of League City there's plenty of ways that contact can be made with potential customers in the city of League City and that's even even by joining the chamber and attending chamber events and whatever it is there's all kinds of ways that we can that commercial vendors can make a contact either through mail or some other type and I'm sure that there's plenty of or do you think you feel that there's sufficient case law that you can review and and toughen this up more than what it currently is the principal case is a 2002 US Supreme Court case called Watchtower Bible which basically said that as long as you're limiting your permitting application process to those engage in commercial activities you're fine so you're saying that if someone comes and they're not in a commercial activity that can we still put ours now that was the other issue that was addressed by the court in that was that whatever restrictions you place on the time periods in which they're permitted to do it they have to be quote unquote reasonable and what I what I gathered from the case was that you need to coincide with dusk you need to allow a certain period of time within which they can engage in their activity after normal business hours but before the Sun is actually going down its past darkness so there is a there's not a real heart and find test that the court laid out but reading between the lines if you can structure it so that it's it's at parallels you know certain meteorological benchmarks and I think you're fine okay and what about the background checks that makes me nervous when you start implementing that that wasn't a part of the case there are cases that do talk about that being a part of your application process once again if you're really restricting it only to commercial activities you're probably ok but I would really want to look very closely including that in your in your word is ok what about does the company get the permit and then let's let's just I'm not going to let's say a company wants to solicit door-to-door and they'll come to the city and if we make it so that they'll have to request some kind of comment on that permit I'm not sure if you're uncomfortable with the background checks if you think we can get that through but what about at least listing the name of people that will be doing the solicitation on that program well I agree with that because any framework that you bring back in any permits that you issue and any identification cards need to be tied to a specific individual so that because though there will be some identification car they had to be identification card issue and that was part of his organism and that cost can be charged to the vendor of themselves yes okay that's the kind of direction that I'd like you to go personally councilman Sanderson you know two meetings ago I mentioned to all the citizens that I intended to try and help push through some type of restrictions ordinance dealing with the door to door solicitation little did I know that there were others that were heading at the time by chris reed bottom line the people who are out there door to door knocking on doors trying to raise money not for non-profit reasons or Cub Scouts or spat you know after-school sports but people who are trying to sell you you know art and you name it they know that we don't have an ordinance restricting door-to-door solicitation right now and I could tell you that I don't necessarily know about all the neighborhoods in league city but in my neighborhood we've had her an amazing spike in the door to door solicitations and I happen to be the HOA president my neighborhood and I get calls at least once a month from some nervous housewife or somebody saying there's this person that doesn't belong in our neighborhood knocking door-to-door and they were rude and they were aggressive and they scared me and will call the police and you know the problem is is that when you call the police the police can't do anything because we don't have an ordinance on the books right now and I know that chief Daniels and some of the officers from the pd have come to me personally and said please give us the authority to do something about these people and I agree with mr. Polanco that when we start saying if you want to sell door-to-door you got to fill out a permit an application and you got to get a badge an ID that we're just asking for trouble and ask him for litigation but we can impose reasonable restrictions on people going door to door what our can you start in the morning what our can you stop at night you know there are things that we can do to protect our citizens but one thing that I do point out to all of y'all who live in our city is if you live in a homeowner's association in an HOA you can make those restrictions yourself as an HOA and you could say this HOA this neighborhood that I live in we don't allow door-to-door solicitation and you can pay some money and post some signs at the entrance and the exit to your neighborhood and if people come knock on your door and try to sell you things and you don't want them there you can call the police and you can complain that these people are trespassing so don't wait for the City Council take action in your own local community your own Association your own neighborhood and determined for yourselves what you think is acceptable and not acceptable but know that beyond that your City Council is working to try and place some restrictions back on the books for our general overall community but don't wait if you have an HOA board meeting come up past your own restrictions and you can call the police and if you have an order you know if you have a restriction on the books you can let the police department know and they will come out and they will assist you that's a help from Ted Nelson and mayor what I'd like to see if we could have workshop this to about 30 or 45 minutes before one of the other workshops so all seven of us they kind of remark or directed rather than chasing one or two directors from different people and let's see what all seven others things everything excellent and i would say in the meantime prior to us setting it because we do have a pretty good log of the workshops feel free to email mr. Blanco at any time with your suggestions on this and he can bring you know product to the workshop it's now almost complete council makini well the only reason I brought this back was you know we can wait until we workshop it I'm not sure when that's going to happen but then I also you know just a second ago I believe to see attorney said that we could require badges but then I hear another council person speaking saying I know that the city attorney has concerns about that so mr. City Attorney do do does the city have the ability to enforce and uphold ordinances that we require issuance of solicitation permits for commercial activities and my answer is going to be a conditional yes and the reason I say conditional is becoming things conditional at some level I guess your current because the Supreme Court case is not a direct not directly address that facet of the ordinance that was not a component of the ordinance that was under attack in that case and so I can't say the Supreme Court either like it or dislike it there are other cases that talk about it which is why I'm saying I agree that we have the police power to do it I just want to make sure that there is it is supported by case law oh I agree one hundred percent I you know my final comment is that I don't want the city to enact any legislation that it can't with that can't uphold judicial challenge and and I would hope that there's plenty of case law on that either federal or state for the state okay with no further debate on the cue the motion is to consider is to approve it to continue to work for Arnold to continue to work on it and bring back to work supper the summation very good with no further debate let's please vote to vote it to bring it back to work shop so we can finalize it and then ratified fours unanimous motion passes we now move to item 10 a new business considering take action on possible reimbursement of a fortune of compression calls for utility extension along clear creek avenue Vera so moved County Council makini has made the motion to approve seconded by Councilman Jim Nelson this item is now open for debate councilman councilman Guinea I'd also like to see that the city attorney given that the code appears to give the city the option to correct this deficiency so we don't have to take care of this each time it comes up i like the city attorney to approve that and i'm assuming that given that the fact that it would take a public hearing it would have to come back before council to set that public hearing that's correct okay thank you with no further any further debate we are leading some clarification I guess by mr. Keeney the motion or actually the agenda item that was prepared was to either authorize a direct reimbursement to the to the property owner or alternatively to pursue the public hearings and notices that they detect place before you can assess a property owner so I guess for the record we need some clarification well of course I'm making the reimbursement to the property owner sure acha kiya requesting authorization to reimburse the operator now correct okay okay and Jim Nelson you yeah okay and set it okay with no further is there any further debate hearing none please vote for gene animus motion passes item number 11 a considering that action on an ordinance of ending ordinance number 200 524 to rezone approximately ten point four acres z 06 18 Randall's request number two from neighborhood commercial to mix use commercial legally described as a portion of the john dickinson lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 emotions are a second Councilwoman Sanborn has made the motion to approved in the second by Councilman Samuelson this motion is now open for debate councilman barber I just wanted to stay for the record I had we first saw the request to change something from neighborhood commercial originally for general commercial and then subsequently for mixed-use commercial being given its location I was never really in favor of that because I feel like that's a good land use we had it right however in meeting with the applicants looking at their plans and understanding the PMZ would use great care to make sure that most the concerns brought up by the community about what eventually go here will not happen and you know I feel like everything has been addressed even though there are things with in the commercial mixed-use that can happen I have sufficient feeling to believe they will not and so I will be supporting this tonight but I do ask marion and especially if others feel the same way to discuss what's the p + z we can't stipulate anything but we have a strong belief that there should never be anything such as a multilevel hotel which would be it's allowed in the land use of CM things like that and I know they don't have a lot of clarity what else what all would go there but I ask that you pass that along I think they would probably have that feeling even without our stating so up here but so and the other thing is also maybe with property owners the of another concern that came up from the community had to do with the establishment of bars that would be alone and it is my understanding that for for an establishment such as a sports bar those kind of things were greater than half their revenues are derived from the sale of alcohol and on-site premise consumption that they would not be allowed due to the buffer required by law to the school and I have a nod from Mary chambers and I think our city attorney is unless he corrects me that is my assumption so some of those things that the neighborhood is justifiably concerned about cannot happen so this would not affect that so I think pretty much we have a good plan on going forward and all the people who came forward previously I think your concerns are heard and I think we won't we won't have any of those problems surface as a result of this proposal zoning change Thank You Councilman Jim now sir yes we had originally approved this and told disapprove this rather and told the owners to go back and bring it forward as a commercial mixed-use and so they did and then objections came up and not even brought on the table last council meeting I really believe that this is good for our city it's going to bring commercial vendors in velocity on that on that particular property and I think everyone should at least give a good [ __ ] to approve councillor firsthand I think that the reason why this failed on the first go around had to do with an incomplete presentation I know that most of us up here since the last meeting have had the opportunity to meet with the applicants and I would like to invite the applicants up here to address issues right now that have to do with buffer zones and providing adequate space between the landing neighborhood and the commercial development on a 518 mr. nagger am I saying that correctly close enough you it took the time to come to my office and visit with me and show you your drawings and your plans and I would just ask that you give us a brief summary of the that includes information we didn't have available to us last time about the amount of land that you're actually seeking to develop versus the entire size of the track that's there I apologize in advance if I don't use this correctly but it I plead us Wow you may I guess the one concern that came up was there was a misconception first of all that this was going to be a 10-acre gas station this is not a state your name for the record is Rob nagar okay thank you around where we were proposing fuel station to be would be on the corner and that occupies approximately 68 70 thousand square feet so just roughly about an acre lilburn eight acre and a half of the 10-acre site we have been in discussions with another single tenant retailer that would building next door small multi-tenant building of about 50 200 square feet and we have we're not sure what we would do with the remaining that we've had some discussions with different people and the remaining portion of the site and i think the other misconception was that our site was immediately adjacent to the neighborhood behind us in fact there's a vacant four acre parcel behind us that is as an additional buffer between the back to the back of our site and the neighborhood proper I think that was that was some of the concerns that were brought up last time if I'm missing anything I encouraging but it remind me so when you look at the intersection there of a landing Boulevard and 518 that you're seeking to build a gas station there on the south side of 518 on the east side of landing Boulevard correct correct and directly across landing Boulevard on the west side is an existing fuel station correct and across 518 on the north side but the east side of landing isn't is a third fuel station as well correct okay so and then on the the remaining corners of CVS pharmacy so your proposal would add a third filling station to that intersection correct so it's not necessarily inconsistent with the uses that are already there now moving east of the fuel station closer to the school you've got letters of intent for some other customers or purchasers to to develop that land and none of those uses are things that have been voiced to us as being concerns earlier about you know a sale of alcohol or sale of firearms or anything like that in fact they know one you couldn't develop that land for those with that proximity to the elementary school we could not do a bar as mr Barber mentioned previously that's sold more than 51 percent of their sales were derived from from alcohol so we could do a restaurant such as a chilling that has a bar inside because they derive more than 51 percent of their revenues from from this from sell food so yes you could have a Chili's restaurant or a fridays restaurant that has a bar inside that they they are primarily a food establishment but you're restricted in what you can do with that property because of the fact that there's an elementary school directly across the images we are so we can only have certain types of businesses go in there correct now when I visit with you the tract of land directly behind what you've got under contract along 518 you've got a sketch there for a potential church that you you've had some conversation we've has a church nothing firm I mean we've had we've had inquiries for from one or two church facilities we just don't know at this time what would be developed we wish we knew one hundred percent but we just we don't know at this point okay and then to be clear behind that the drawing Apple directly behind the church is a four acres bacon track there's another four acres that you don't own it i don't have undergone on track don't have it don't have any desire to purchase okay all right Thank You councilman barber just one more question thank you for staying up there um how we talked about I know this process of strike down considerably for you and I know that your this is time sensitive stuff are you aware though I didn't get a chance to discuss this with you this being the first reading of the ordinance so unless the council did a first and final tonight this would still have to come up and are next regularly scheduled meeting is that acceptable to you or are you a it could possibly it could potentially I don't know that i'll have the additional time if there's any way to do the first to file that that would be the way we would prefer to go okay um with that said I would hope that anybody would be hesitant to do so would take their opportunity now otherwise i mean if i don't hear any i will make a motion that we considered you to do it on first and final I have one more personal like you councilman the Sanborn are you prepared to change that yeah I believe that this has been going on since june the tent is what I over it with the original council many more counts as yes but the process itself start right mushroom right much sooner than that but we council voted on initially on jun the tent and asked you to go from neighborhood commercial to commercial years Creek I would amend my motion ok councilman councilwoman Sanborn is going to a mentor motion well actually there's two motions now you'll make the motion to reduce to pass this on first and final yes sir and so again seconded by Councilman barber so now it is now open for debate on whether or not to pass this on first and final councilman kini I guess since I didn't have any opportunity to know we will come back to you you're still on being in it I'm trying to figure out what's the necessity for doing this on first and final is it is it just because we don't have you know the last time that we were here you know we had a citizen that got up there and threatened that he would make sure that none of us got reelected if we did this one if we went ahead and voted this through and and then there wasn't even a motion made to either deny or approve and and I certainly have you know what I wanted to see was exactly what this a sight drawing is what I wanted to see I hadn't seen it yet and so I'm still just trying to figure out if we're going to do this on first and final why why do we need to do it on first and final I've just been passed a note that says issue is financing by the applicant they are out of time we are out of time okay well I spoke with you and I speak with you this was it last week unless there's last Thursday and at that point in time you made no mention not one mention throughout that whole thing of a dis need to do this because on first and final that there were problems with financing well part of my my not knowing the process will probably long enough that there would be a no I didn't know there was a first reading in the second reading and I don't think it ever came out this to a timing and one of my other discussions with some people you know can we change this and come back in two weeks and we don't have that time to do that any longer we have to make our deal and move forward with with a big we're purchasing the property from they are not going to allow us it's been nine months at this point that we've had this property under contract and they are not going to allow us any more time to proceed forward I mean he didn't I think the one of the gentleman that I met with was from the owners rep it was Arsenal's purchase purchasers at the property yes okay and when's our next meeting I think it november 28 I don't have in front of me's November of our quarry November 14 to thank you and so you're saying that if that you will lose all your financing and you this will not be a go there's a very good chance the seller will not allow us that extension I think this I think the sellers having a tough time getting piece rid of this piece of property because it is it's a it's a it's a tough piece of property to develop it I appreciate you coming in and in working and coming up with something that can't fit on there and coming up with the layout because it is very tough commercial neighborhood for this property would have been almost impossible I mean what do you do you you know you can't fit ten dry cleaners on this this piece of property so you know I'm saying I really appreciate you coming in and your continued effort I'm just saying that you know that the reason that the city has those types of processes is to ensure that we're not making fast decisions and based upon what's going on tonight or the last night time that we met after Thank You American councilman Barbara I actually agree with pretty much everything you just said and I actually that I have some some reservations about it the only reason I'm willing to do that tonight on first and final is because or the reason it's taken so long in the council and as you just mentioned you know it did penalty be brought up for discussion two weeks ago otherwise I don't think we ought to anybody to worry about their timelines and problems unless they're doing something we've asked them to do that's not the case here but we have delayed this ourselves and that's the only reason I would even consider doing it that way but otherwise I agree with everything you said okay the motion on the floor is through prove this on first and final by council woman Sanborn seconded by Councilman Samuelson and those are very too difficult names to get out correctly I service mr. barber oh you're right that was the original motion Sanborn made the first and Councilman barber made the second think your honor okay well I knew you where you're standing right there now this vote is to is to approve to the vote on first or finals so please vote for izz councilman barber cones Jim Nelson Ted Nelson chris henderson and phyllis am going to pose councilman john keaney have to have six of seven for first and final solution passes the motion back on the floor was a councilman councilwoman Sanborn seconded by Councilman Samuelson and at the time we left the queue councilman kini was on the cues so council makini was you dr. forward um yes murder I've just got a couple of questions or comments made that pn z was going to be able to determine the nature of the development you know no hotels is there do they have that authority to do when they're looking at the unified plan they're looking for compatible land uses so in essence yes they do because they are looking for compatibility with the existing land use as to what is going on on that site okay and when I talked to the city attorney about a site plan is that that's different than the unified plan it's one in the same the ordinance just refers to it as a unified plan but we would be looking for the site plan which is the same that the applicant would be bringing forward to TRC once he gets the blessings of the Planning and Zoning Commission okay because at that time i was informed by the city attorney that a site plan did not have to go through pansy only in the CM zoning district this is the only zoning district where else what we were talking about is great it's only in the CN zoning district well that's what I'll guess I guess so okay so in this cm zoning a unified plan does come before piensa yes sir it does all right thank you okay well inspire me with the motion on the floors to approve and with no further debate please vote for izz unanimous motion passes 11b consider take action on an ordinance amending ordinance number 2005 dash 24 for a special use permit on approximately ten point four acres for gas and server station in commercial mixed use zoning legally described as a portion of the John Dickinson League survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being and the 2600 block of FM 518 Eric I make a motion to approve conditional upon a approval of a unified site plan by p + Z and and then I'll discuss why I'm making that motion just a minute second from discussion councilman kinis made a motion to approve pending approval of us of a site plan that p and z is signed off on and camp executive our councilman cones it's now for debate council makini we've got its kind of this is kind of like which comes first the chicken or the egg and this is kind of a tough situation because what happens is is because of this special use permit we're saying it's okay to put a gas station in there but the problem is is they can't really put a gas station in there without also planning out the rest of the unified plan and so that's again in my discussions with the city attorney I'm not sure exactly how this is going to actually make its way through the staff see any problems with them no sir we typically seen unified plans are to develop in phases but the time the applicant breezes unified plan to pee and z he should have some idea in mind of the exact layout of certain issues especially what he's going to build first met her face just one other thing I'd like to mention is that easy did put one other stipulation on the on the su p if you would include that in your motion we would appreciate that oh yeah consider amended it concerned the the landscaping of the trees in the area oh I get it Kaplan tinea are you many of your motion yes I'm ending emotion and counsel comes will you maintain get a deeper and i guess i'm going to ask mr. Nager neg air neg are llegar mr. neg or is that is that workable with you with the way the motions maybe and that was regarding SCP SCP is contingent upon that unify planet and again if that means i can create in phases i and i know that the front phase is one or two phases and then the rears is has some flexibility i believe that would be acceptable yes as long as i have some flexibility with the back if that's what I'm understanding and we will be looking for compatibility of lame uses as we look at those phases okay correct so thank you rob one second councilman Barbara actually I wish I'd asked this question earlier same same thing does this one also you know is there any timeline on this now that we've already approved the zoning because this is a first reading as well now this is a victory yeah the S EP is vital to our development as well I mean we need we need to both combined we can't do one without the other it's it's a they're tied together yes thank you okay so that means somebody's okay at this time as mayor I'd like to go ahead and make a motion that we before we take this what we consider it on first and final okay and this is now open for debate no debate please vote for councilman Barbara cones Jim Nelson Ted Nelson Chris Henderson Phyllis Sanborn yes to tad Milton and opposed as councilman john keane I'm sorry yeah 60 passes and that was to consider it on first and final we are back to the item itself which has been the motional force by council makini to approve I guess I have a point of order mayor yes sir um Arnold it was already emotional the four and then I know that there is an order in which motions must be taken like if I have a point of order as you can see that kind of stops everything I get our point of clarification what if there's a motion on the floor can someone come up I mean is Robert's Rules of Order is that allow this another motion to come out the way i will answer is to say it's a bit unorthodox however because the first and final motion is a companion to the motion on the floor that i don't see an egregious violation of Robert's Rules of Order in taking that in the midst of the base motion which is your mother leave on these conditions i don't see a NLC a major source of bitter orthodox a bit unorthodox slightly a grievous what was the word that you philanthropic slightly egregious agreed just slightly egregious but you're you're going to go ahead and let it slide I wonder says it's legal yeah this is my fault and as a general principle the past 18 months when when that need arises i have shown all seven council people no matter who they are the same courtesy so i'll continue to do that thank you but good question counselor the Pope emotional floor is council makini to to approve pending a pn z signed off plan and some issues with landscaping is that correct let's certainly close enough where okay and second year by Councilman comes okay any further debate on this issue none please vote Jim you get it in there very good for is unanimous motion passes item number 12 table items subject to recall there are none item 13 council members reports you've already got it item 14 counts of Mayor the comments from the mayor I would just like to say that staff handed this to me this is the award that our planning department received in Corpus Christi last week I would like to thank our entire planning department who attended as did chris reeve and myself and i think dell hardy who i saw here earlier attended Jack Carter your Shack there Kerry Gilbert okay and I think Doug Frasier from our economic development also and gary davis from socially there so get like yeah very like a cake for work we just want to say thank you on behalf of the council and to the three developers in the southwest region and of course the citizens of League City for supporting that effort and of course this award belongs to the citizens of League City it is their comprehensive plan and their vision Thank You Marion for those of you that don't know exactly this award was giving for and this is something that that I had told him in Corpus on friday for a collaborative effort and that is a key word here in league city it was a collaborative effort between the elected officials the city staff and our development community and it took a long time it took a lot of man-hours but for that effort our city staff was recognized by the state organization and I'm telling you we were there the ballroom was huge like South Shore over we there were ever every city in the state was represented and we stood out and above and I was just I just couldn't be prouder for that I'll touch on the wine festival that's about it we will that will conclude mayor's remarks item 15 items added after electronic agenda item number a consider and possibly take action regarding the city matters bimonthly newsletter I would like to make a motion to consider the discussion in regards to the city matters newsletter well council McCombs would like to discuss the city matters by month of newspaper and it is seconded by Councilman Jim Nelson it's now open for debate councilman home yes thank you Mary you know i received several calls of this newsletter that went out guess this month i received it on 10 16 / 6 and it was for july to august on city city newsletter i was also very alarmed about some of the items that we had in there in some of the dates that we passed I would hope in the future that we either a not sent out the city newsletter if we're that far behind on the on the news to the city I think our city budget is about 80,000 on this but one thing that really alarmed me after I looked at it mayor and I would like to bring open and if it may approach the bench to replace it only overhead if there's absolutely a good day again as you notice up from the left side it says quotes from City Council we have five out of seven council members that have a quote there I was somewhat alarmed that two council members myself and Councilman Jim Nelson were never notified or asked to have a comment in the city newsletter not only is it illegal to have a council comment in the city newsletter we passed back in October Day 2002 which I'll put that on the overhead also I think each council member has the copy of it right here it states on the very back under the city matters proposed guidelines that no written submissions from City Council members would be allowable to be placed in the city matters and if you remember back in two thousand two most of you made that we had a lot of trouble with certain city council members place in articles in the city matter it became a political newspaper instead of a informative newspaper for the city after further review trying to find out why we have five out of seven council members that were placed into the city matters i found out and received some emails that only people that supported mr. Reed as the interim city administrator had a chance to comment mayor I would like to hear from you tonight also on this I think it's it's a bad precedence to start when you start allowing certain council members to make comments and not allowing all council members if we're going to allow a council member to make a comment in city matters I would appreciate that you show no favoritism and that you allow all council members to make a comment and I certainly would like to hear that from you tonight Thank You Councilman Jim Nelson yes sir i also have problems with that and I did have reservations about mr. Reed but I have known mr. Reed for a long time and I know he's a an honorable man and I think he would probably try to do the best possible job he can but at the time and I've changed some of my ideas about this but at the time I wasn't sure if he could handle the complete job description and that's not a derogatory statement since then I've seen him do some things and I'm very glad to see him move forward and learn things about this particular job and I think he said he's going to be a good interim but at the same time I think we need to move forward with a they going out and finding a city administrator to be permanent for them the city of league city that said but one other thing I want to address i have also my copy this is the july august two thousand six issue and i received it on 10 1306 this newspaper originally was started by the water department city of link city many years ago and it went from of the water department newsletter to what it is now it was put out primarily to get information out to our citizens information of things going on in our city if we are going to allow have talked to mr. read about this and he's been very helpful on this on mr. Reed very much but if we are going to allow a newsletter to ever go out like this again i would really submit that we do away with the newsletter it's not worth putting out if we can't get it out on time we need to get this out in the first week of the two-month period not after or at the end of the two month period and I'd say I've received a lot of them over the years that have been late almost at the end of the period so we've always had problems getting this out we've got to stop that we've got to make sure our our people get this newsletter on time and because there's a lot of time-sensitive information in here all i have to say sir Thank You councilman Ted Nelson may I have three three quick comments number one I think we could all agree that the city matters should become out a little bit more timely I mean it was very very late this time I think we've put the wheels in motion to make sure that doesn't ever happen again so mission accomplished there the next thing I want to talk about it is the questions about the material that actually was in the city matters that was published clearly as a city newsletter or City newspaper whatever you want to call it flyer whatever it should try to remain positive and when you have seven members of a council that both for an interim city administrator I am thankful we just quoted the five positive ones idea does anybody in their right mind I think that we should have quoted the two people that had negative comments that didn't want him to get voted in I mean that's insane I don't finish he's got two more words I stated that I council have waves they understand I'm just be swaying and I did I tell you support somebody with a vote that is an SMS text acid- statement if I could finish the third thing I want to break up is mr. Cohen's brings back a a matter from the proposal on guidelines back from August thirteenth of 02 well mr. Cohen that says no written submissions a written submission is running person write something out and ask them to put it in the paper when whoever writes the paper takes a quote from an open session they've got a written submission so nothing was violated it was done properly and we had better stuff to do with our time thank you come from kini oh man um gee whiz where do I begin Arnold that's a great picture of you up there and congratulations on your certification I think it's very important and actually these I guess only I'll start from the beginning the city newsletter should be positive it should tell about the good things that are occurring in our city it's not a propaganda device to be thrown out of airplanes hoping people read it and agree with whatever set in there these comments were not necessarily said in open session I received an email saying how about this comment from you and I said no I don't think I can agree with that comment but you know here's a comment so it wasn't an open session I also at that point time had no idea that certain council people were not going to be allowed to voice their comments in the newsletter I think that this is a divisive piece of propaganda that divides this council and does not bring this council together now but I guess since we brought up the issue and of City matters I think we all saw probably a city matters earlier in the year that had about eight statements that said promise made promise kept that was clearly a propaganda it was it was that was not necessarily written in such a manner to provide the community information it was written in a manner to make sure that it was known that certain campaign promises were being an attempt an attempt to try to convince the public that campaign promises made were being whether I think we're outside I'm sorry what's the agenda item the trunk mr pongco banana talk about promises made promises kept you Larry yeah let's keep it too I'm sorry is that the point of order and I like up an opinion from the city attorney that's who we direct points of order to to answer your question which bikini it does say consider and possibly take action regarding these city matters my monthly newsletter okay so that leaves it pretty well open to discuss the city matters bimonthly newsletter I don't disagree with that we need to say focused our in on point okay and the point is is that the Conte as well as the timing and the content those things need to be addressed in the city matters newsletter not personal agendas that weird that any elected official is trying to have up here it should be general information mayor I have no problem putting a statement in there I appreciate that I think that can be informative without being propaganda I relinquishing the floor Councilwoman Sanborn well i got my on 10 14 so we each god i was on a different day and i want to make sure everybody that emailed me because i got lots of emails two is that I've chops the mirror and I've talked to mr. Reid and I don't think you'll ever see the city put out another newsletter that is not current in up today we didn't have a city matters for the months of may and june why you know I don't know we won't go into that as 21 but we didn't have one so in all actuality you haven't had one in four months but we will have a current up today city matters and I believe it's going to be December I to think it ought to be informative I don't think it should ever be I did this I i would go so who the iea's it is about what matters in the city what's going on in the city to keep you informed of all the departments in the city they should be submitting information to the actor of this and we all ought to enjoy reading it when it comes to the house I know for years when it came I said read it and it is informative but it never ever should be a political tool for any of us that are up here thanks man Thank You counsel learning the columns again I would just like to express to the citizens out there again what mr. Nevins thing that I had a negative negative statement in fact I had no statement at all I was not given the opportunity to have a statement in fact mr. Reid is a good personal friend of mine I would probably have a very positive statement about press even though I was against the issue that doesn't mean that I'm going to sit there and slammed up mr. Reid in the city matters i had more professionalism than that but the point is that i was not or jim nelson who voted in favor of mr. Reid I think at the very end never had the opportunity to make a statement and my point is is if we allow this to happen now it's going to continue there is a proposed guidelines that was passed by the previous council on a 13 of o2 in that guideline states that no written submissions from City Council members or allowed simple as that doesn't matter if it's a quote doesn't matter if it's a statement or anything else there's no written statements and I think this is and I have city city email here that went back and forth who directed a city staffer to ask certain council members without asking other council members i think that's not good leadership from a Mary doesn't matter if you're for it or against it if you're allowing comments in the paper you're to allow every council member we're a team up here we're council we're not I mean you shouldn't be segregated out because you vote against an issue in fact mr. Nelson did not vote against it but he was still taken out of the loop here I think these emails have in front of me all i'll be more than happy to show them up here i have the data sheet showing the council members should make no comments in the city matter i just want to bring it up to the mayor tonight I ask that this doesn't happen again and I just felt like when you start showing favoritism to certain council members it's going to continue and you set a bad precedent I was the only member though was own counsel back in 2002 and I remember very clearly why this issue came about it was simply because council members were making issues and making it a political paper and we got away from that with these guidelines Thank You counsel Ted Nelson I just one final commented this is so far from propaganda your name is next to a positive statement about a new employee which city staff that's not proper and also there's a difference in the two words submission and statement they have different meanings and the final comment would be we have some people up here that once signs on city property but they don't want your name point of order mayor magazine we got to keep this keeping OMA okay councilman white Walker linguist man appreciate the opportunity to weigh in on this subject I am sounds like we can all remember the day and what we were doing when we got the latest issue of City matters I actually don't remember the date but I remember where I was I'm standing on the street in front of my house at my mailbox pulling it out with great disbelief and actually to be honest with you may know I requested an agenda item to discuss this but I just decided i'd rather have it in workshop and i talked with our administrator first off i know that the timeline issue is well under control in fact i have it on good authority that they're looking at the next window that's about to go out so we are way ahead of schedule this is a this is an issues and get hamill well but but really philosophically I wondered if this is exactly the manner and the type of publication that we want to continue that we are always exploring since we have a new electronic age where have a you know webmaster that's sour right now in the budget and and and it's a difficult one and I appreciate any input from the community like what my impression right now is there's a lot of people that prefer maybe people just go to the website and get it and one thing I do want it to be current on the website as soon as it's a head start hitting people's mail box I'd like it at a City matter section on the website because I actually I don't think I even found the current version i found one from a couple years ago on the website nonetheless um but i'm still left wondering if there's a second of the population still likes it in printed form at the hicks and mailbox because they don't otherwise what I have to worry about check and periodically the city website or or you know explore all options I know that are that the street is also looking at maybe there could be alternative ways to produce it you know we currently outsource the production of it and so those things I still expect to have a workshop about that and I'm confident that this city matters is going to to be something we'll all be proud of format we end up in and we can even talk positively about it in an edition of City matters ironically enough so thank you very much that'll be on anybody else on the queue ok I will complete this item by saying a couple of quick things the date totally unacceptable I don't think that's a secret to anybody my administrative assistant called me the day it started hitting the mailboxes and said mayor most of the time you get every email with you know some response she said there's too many we have a problem and the irony is that i got home the next day I was out of town and I still hadn't gotten mine so I didn't get mine for two days later I did call chris reed and he had told me that councilman barber wanted it on the agenda he had spoken to councilman barber and said and I'm paraphrasing here chris reid said I'm the city administrator give me an opportunity to perform this is a staff issue and I commit to you that I will address it in a manner that is satisfactory said not only all the elected officials but to all the citizens my my remarks to chris is okay i'll give you a chance it's a it's a tall order dawn kill board does this mostly by herself as she also does 16 and was also helping with some of my itinerary so but i will probably tell you that Chris Reed has told me that he's painting soap in a box everybody but November for is the day I hear it's going out that's right ok November for after that is what we'll have to blame it on the postal service streaming we are working on hiring a person that can stream this city matters publication like we're going to well I pretending to stream our city council meetings and everything else it's a process the fact that one is on there that's two years old again that's not acceptable that can be scanned and put on by anybody and I suspect that will probably be addressed tomorrow morning if it hasn't been dress today the city matters is an administrative tool I'm the CEO of the city and when I use the city matters it's for informational purposes and simply this whole issue tonight is that after the vote I walked over to dawn and I said I'm going to make my article this month an informative piece on the fact that we have a new city administrator get quotes from people that have something good to say and supported chris reid and that was it the only bump in the road was I think gone because of some of the scheduling tried to remember some of the clothes and then I sent a follow up email said I don't want your quote I want if the council has something good to say we will say it if not we will move on so there was no exclusion this was simply something that was good news we shouted it from the rooftops not sold on to get a good statement from somebody has something good to say about the vote and that was it that concludes the side and we move to item 15 b for the wicked overcome in there now I gave everybody the cute on me close that up there's no motion is item number 15 deep consider okay when we reach okay considering take action on authorizing city reply to attorney general opinion request number 05 05 39 health and Ted Nelson's made motion to approve second seconded by councilman chris handle son is now open for debate councilman combs where we have a question on this item here do we have a reply yet from the city attorney for a written reply as of now sir is it I'm sorry no sir okay and I would like to see the reply before we actually send a letter out to the AG's opinion we approved one okay thank you for those I've got two more people in the queue this is simply the issue where one of our council people has submitted a request from the Attorney General to see if chris reads appointment as Acting city administrator is legal as that the correct word on I don't know exactly one paraphrase the questions start centered around the civil service status of mr. Reed okay and so we're simply I'm asking the council to authorize the city attorney to prepare a statement which is our position on fresh raised appointment to city administrator councilman Ted Nelson and I just want to clarify because I read it and did some research on it what the question was that was mr. Collins was asking to get a attorney general opinion even though he president Chris Creed but what he was trying to basically get meriting and would you stuffed yes they having in the comments there what we were looking for in the opinion that he was requesting does not whether his appointment to interim city administrator was legal but the question is is by doing that did he lose his civil service status and that's what he's trying to look out there for if mr. Reid is when he were to lose the civil service status he obviously would not want the position and that's the question see if we can tie them into a corner make it work that he'll lose a civil service status will go back to just being the assistant to Drew and that's the question here and I think I talk little walkway in the mayor and we're going to follow responses what our opinion is on the balls that we looked up and the research mr. Polanco and done we disagree with the need for the opinion but we we have numerous lawyers up here that know what to do we'll make sure we get this done as quickly as possible councilman kini well if every attorney agreed with each other we probably wouldn't need attorneys because there would be no disagreement about the law I guess my question is is what backup information this originated with the mayor this agenda item I haven't seen the request to the Attorney General I haven't seen has their tunnel Attorney General requested something for almost up briefly explained a process normally when the Attorney General receives a request for an opinion he will then sent out notification that that request has been made and he will send that notification to a multiple number of groups depending on the nature of the legal questions involved in this case because it involves a law enforcement official and involves civil service he requested or he sent notification to the Texas Municipal Police Officers Association Commission on law enforcement standards and a number of other organizations that have an interest in this particular legal question also I was copied as a city attorney because it obviously involves a city administrative official and in the letter that the attorney general sends out to these various people he imposes a deadline by which if you wish to weigh in on the issue and reply to it that is your deadline and what's the okay what's the deadline if I'm not mistaken it's november 13th and when was this received by the you or the city well the the letter from the Attorney General was dated some time after October the 9th is ever call I don't have that letter in front of me I'll cover the first October first is when the we got a letter from the Attorney General from the senator who wrote the agenda item the right October 13th was from the AG's just notifying the city city attorney and City Administrator mayor and leave the the Attorney General receive it on October the ninth and then his letter to all of the various organizations and the city was October the 13th that's good yes and um and that why is this coming before City Council I don't know that I can answer that question I will venture to say that because I was addressed among the other people who was copied on the letter as the city attorney I suspect this was brought forward for the council to determine whether or not they wish to weigh in on his issue it sounds like a couple people weighing in already on from the look of the button pushing or will be weighing in on it how are we to weigh in on a reply when we don't even have one in front of us there's two ways to handle that you can either not weigh in if you will until you see the proposed draft or in this case because this does not technically involve a legal issue for the city of link city as a governmental body you can refer the matter to outside counsel to prepare that on behalf of your staff member that is another option that you have at your discretion and what what and what is what is your reply do you have a reply I mean it sounds like some of our Council of urge your reply or legs drafted of reply or something I'm not sure once again because this does not directly involve a legal issue for the City of Lake City I did however refer this out to outside counsel the city's tml attorneys who reviewed it and fell that mr. Reed was in good shape legally did they provide you with documentation no documentation simply their impression of the statutes and their understanding and experience in civil service matters his impression was that mr. Reed was in good shape and so if this fails to have the support necessary to pass tonight does that imply that we're not authorizing a reply from the city as the city attorney I obviously can only act at the direction of the City Council if you do not authorize me to prepare a reply for the governing body mr. Reed has options that is disposable to have his own attorney do that Thank You councilman barber just in order to understand this issue a little bit better the original request was it to to ensure that we protect our mystery from making a mistake in and orienting and accepting this interim position or because I'm worried about what we're going to do I worry that if it brings attention to something that doesn't go his way and he's already taken the interim administrator job that it's pretty much you know in a bad way I'm just wanting to understand it better so if I can get some kind of answer I would appreciate it Chris you're going to you're going to do a better job of explaining this than I will but I will if you would like me to I will certainly try for those citizens and counsel that are not civil service if you're a policeman in this city when you are made of policemen you are protected by a civil service law which was enacted I'm told by our pd years ago initially to protect policemen from the swaying of elected officials losing you know a man or woman losing their livelihood so a new elected official can't come in and say I don't like this policeman fire me gave me a ticket now the chief when he sets that job and the assistant chief when he accepts that job are now no longer protected by the civil service statute however if new mayor if I were to replace the chief or if the chief were to replace the assistant chief they automatically revert back to the job they left inside that pd before they accepted the promotion so still they go back to wearing the stripes or whatever they had and they're protected again from civil service so he could be fired chief Daniels could be fired as chief by me or the City Council he goes back to be a sergeant or I don't know all the ranks I apologize Catherine I immediately I said I was hooked and and then if if Chris a read were fired prior to taking his position by chief Daniels he would go back to wearing the stripes of sergeant Catherine everybody's a captain with it was why they're so good now the question is you know what happens to chris has he stepped outside of that Civil Service protection if you want to take the long road if this were to absolutely not come back our way then he could be rehired into the PD the same day and the next day chief Daniels because in promoting back to assistant shoot and you have to know that that when we consider chief read my first call was to our current state administrator Chuck Pinto my second call was to Arnold Polanco so you know we've checked with the bodies that be the lawmakers that be so is that a fair summation Chris or have I left out anything pretty good okay because I've had to answer a couple of times because it was hard for me to understand in the beginning so Council marburg that the question tonight this agenda item simply is to say we're going to respond with the same data that i use to present this young man to this council who then ratified him with a 5-2 vote that's all it says that's what the motion is tonight and further questions only this is appreciation okay council on Ted Nelson okay Councilwoman Phyllis Sanborn I'm glad you clarified that because that's not what I I'm just asking how I understood what we were voting on me I'm glad that you said that i'm not one of the three lawyers up here so i do have a couple questions because i didn't understand it if tml replied already to mr pongco they have not I have not I thought you said their hand I spoke to the city's TMO attorney when this was issued and asked them to offer their opinion of the issue but they have not formally written anything okay why wouldn't tml write something formally for us rather than you write something formally or someone from the outside that's informally tml may very well write their own reply but they will not necessarily be doing it in cities behalf what they say may directly benefit mr. Reid but they are not necessarily writing it as the city's representative they're writing it on behalf of the large organization also and they said mr. Reid's in in good shape so why wouldn't we just wait for the AG's opinion and wait to see what they said that is certainly at the prerogative of the city council that is certainly your option but i'm not sure that anti a brush why would you not want to do it alright if I wouldn't you just wait and get the AG's opinion or you take do you feel like we may be that the city is taking a chance there that mr. Reid's taking a chance that there may be a slight bit that the opinion won't go in his favor I mean I just like I can't predict what judges will do I can far less particularly turn a generals ever going to say because it changes with the winds why would you want to do it my best observation of that would be that if you wish to support the individual in question continuing to fulfill his duties and would not wish to see the Attorney General issue an opinion that because contrary to those wishes then you might want to weigh in but he would work until the Attorney General just in case said no this is not legal he's gonna lose his civil service I mean that's not up to us to say that is up to somebody else to say we're doing what what the city feels right but we don't know one hundred percent whether we are until the Eternity Attorney General makes a ruling you can say I can say tml can say but the Attorney General is the one that's gonna have a final say is that right he will have the final say on what his opinion is not mr. Reid's trying to catch my attention yes but maybe I can answer that question for the attorney general opinion has been written is incorrect and what we would like to do is give not necessarily want to say our side because it's not a different side the attorney general opinion gives it as if I'm a civil service employee I'm not a civil service appoint know the the request I'm sorry for the opinion is written incorrectly he's it's stating that i am a civil service employee that's incorrect or not so we're said you stopped being a civil service anymore the night that you were voted in on the Twilight as know the day I was appointed as assistant chief also the assistant chief is not simple that's correct and Councilman health woman also the letter also states that he did not ask for a leave of absence which I believe was incorrectly stated as well so there are some you know our concern is is that we don't want the Attorney General to make a ruling a good ruling on bad data that we then have to turn around and say oh wait a minute he did have a leave of absence and he wasn't a simple service important anyway so the question itself is Miss Lee Thank You counsel McCollum's if that is incorrect and it's a the point is it doesn't matter because if he's not civil service then it really doesn't matter but the point is that what I was trying to bring out under the AG's opinion was that we have an officer who again you you state that he took a leave of absence I've never seen that it never was approved by City Council I assistant chief just transferred from one area to another and we have other officers out there who would love to work side jobs who would love to work other jobs to take a leave of absence and under the rules that I've read that was not allowed so I mean again if tml has made a ruling then I would suggest that kml come across and give us something in writing AG's opinion even if it came back negative or positive for mr. Reed in this position then doesn't mean loses his job it just tells us from our power of legal means that this is legal or not I don't see where AG's opinion is is a big deal for anything if you're asking a question to the AG's and let him answer it and move on and if he comes back in states that mr. Reed is is not performing under Chapter 1 43 of the local government code so big he continues his job if it rolls in favor or in not favor of mystery then he goes back to the police department I mean we're talking or we stayed it up here before the mayor stated this is a temporary position I don't know if it is or if it's not accounts my dad Nelson just briefly I agree with mr. Cohen to the same one that the issue here with the AG is we should never let any judicial body make a decision on less than complete or not accurate information and that's the scary thing here there was some misstatements in the request that was signed by Senator Mike Jackson and could not not answer these these miss statements would be asking somebody why don't you give us a decision that actually affects the body working on our staff you'll make us the decision but do it on this bad information and that's all we want to do is give complete information same thing we did today on mr. adnan guards property two weeks ago he came up here he presented a deal on less than complete information and we all SAT here like a bump on the wall could get a motion to pass it or deny it but he takes two weeks to explain it to us we all have complete information passed on first and final 720 that's the difference between good information and bad information that's all I'm asking is that we give these people the information let them make the right decision just like mr. combs is asking for with the services as long as it's on complete information kaplan barber actually you know listened all the discussion and including that last point about good information I just encourage your by before they deliberate before they press the button make sure they look at that those paragraphs next to the picture let's get this guide out there to put a good reply out there and make sure the right information gets in their hands and so reach over and hit the es key tonight when he asked for the vote Thank you Thank You councilman bob accounts bikini I guess you know there was a comment that was made that we should never let a judicial body make a ruling without complete information and I think what we're doing here tonight is making a decision without complete information we have not we've heard that there's been a request for tourney AG ruling and this request is saying that there is that mr. Reed is a civil service he's still covered by civil service mr. Reed is saying he's not covered by civil service I guess that's being back is that correct on that is part of the bank and that's all right but that's part of the debate right excuse me what what is part of the debate as to whether or not mr. Reed is or is not protected by civil service so that's not even clear that is the issue that the Attorney General is being asked to decide and what is your opinion well that's what we're asking him don't we're all verizon him to give us I'm as well I'm authorizing to give it to me right now I have it well I I don't have the benefit of counsel authorizing me to devote any time to this what I need is for the council to say yes we want you to do this or not do it and if you do that i will present to you the product of a full research product a project on what you're going to do anyway right give us you know if you get authorization to you authorize well but it doesn't say to prepare a reply what it does is it says essentially reply but and it's not necessarily to have me reply if you wish to have outside counsel do it on behalf of mr. Reed that is certainly an option as well and when were we having our necks when's our next workshop schedule tomorrow tomorrow probably can't get a reply done by the in canyon no sir I wouldn't be on the agenda anyway John we've had well I understand that oh the one you are going to be you're not well I myself will be at tml that's correct okay when's our next workshop I think it might be next week the third of it refers got a Wednesday okay how long how long do you think if count city council tonight authorizes you to do a reply how long do you think they'll take you to prepare I don't see that it would take more than 10 days to fully prepare ok and what would that day p 43rd today is the 24th going to be the third I guess of November and whence are doing when do we have a workshop in November first in a second yeah I don't know if we'll have one on the second a week we definitely have one in a minute on my part well we we've got one scheduled right now for the second do you think you could have it done in nine days certainly instead of ten silly you could have a reply ready that we could put on the agenda for that workshop be able to see what your comments are so that we can make a decision to authorize that reply that would be okay and I guess if we if this doesn't pass the night then would you then want a motion from Council to but because it sounds like there's some questions as to what this would reply would be and I guess as our one of our other attorneys as mentioned it's probably best that the city makes summary by can you agree with you agree with you and so if this authorization tonight fails this particular motion can someone else make the motion and say that we authorized you to make a reply to prepare for us to review and authorize you then to forward to the Attorney General you can make any motion your life whatever you counselor whatever you wish to have doing this phony took at that's certainly a doable awesome I for one don't want to break any laws and that's and that's what I think we have to be careful with their understand this does not involve a legal issue for the city of League City this is an issue that involves however the rights of some of your staff members so okay and and the last personal accuse councilman tad Nelson who just took himself off we're going to take this vote and the motion is to is to approve the authorization of a reply on behalf of the city to the attorney general requests concerning Chris Reed so with no further debate please vote for izz councilman barber Ted Nelson and Chris Andersen oppose councilman Tommy Jones Jon Keaney Jim Nelson and Phyllis and blowing motion fails Mary I would like to make a motion though that he since that motion failed to prepare a reply for consideration at a workshop okay exec of the second oh absolutely once I get the motion clear ok state that again councilman I would like the city attorney to prepare a reply for consideration by counsel and have that available to us at the workshop on November second ok need a second second for discussion ok the motion is made by counsel Keaney and second it just went ok Ted it's made by counsel makini seconded by Councilman Ted Nelson is now open for debate no you had already huge you off you refute it so your first one well mayor bottom line is I think we have some information that we want to get the Attorney General as a city attorney on the City Council I'm sure at my end I will forward the information children from an amicus brief for the city attorney on council won't be a thought the same thing works for me councilman Thomas mayor object to that mr. mr. Nelson is a city council member not a city attorney for this for this board he is very biased in his decision and I would say that would not be the proper thing when issues come about that may be in my expertise or jons we don't ask to write a legal opinion or anything concerning that so object to heaven mr. Nelson who is a council member first not a city attorney for this board i'll put that Selena duly noted and it's late fellas Alyssa but focus here we're getting close councilman Samuelson any citizen can do with mr. Nelson just suggested really over talking about here's we decided as the city council to give mr. Reid the job as our interim city administrator and all we're doing is saying can we please tell the Attorney General why we think we made an okay decision that's that's all we're asking you to do and it seems very very reasonable can't imagine why anybody would not want us to justify our position councilman john feeney well I certainly want to justify ur position I'd like to see what our justification is this has come before City Council for an authorization and and I think it and it needed to come before the City Council for an authorization and I think I mean gee whiz I thank everybody on here right and every member of every citizen you know if they want to send a letter to the Attorney General you know please feel free to do that my questions are that I'm hearing facts tonight that I'm just hearing for the first time the night and the question is is whereas earlier one of our attorneys warned us don't make decisions without at least getting input are giving input I want input before I make my decision so that's the reason in the same way the Attorney General is asking the city for information on this I'm saying I would like information from our city attorney on this as well so I can make my decision Councilman Jim Nelson mayor I'm a little confused i'm not sure what the motion is now I thought mr. kinis motion was to direct the city attorney to prepare a brief for us to send to the Attorney General and now I'm a little confused whether there are City Attorney's going to do that let me see if I can help as I understand your motion mr. Keeney you want me to prepare a proposed draft of a city of apply for consideration by the City Council before the city council authorizes that draft to go to the attorney general's office is that fair that's very correct okay what I want to do is in the same way that you prepare contracts and you you prepare those contracts and then we review them and authorize them I want the same process to follow on this legal situation that we're currently in give it some review prepare a document that you think is what is right and and then we'll and supports all of the employees of League City and there in their rights and and then would give us the opportunity to review it at docked on November second meeting ok ok so the motions to have Arnold which is what the first motion was more specific is asking oral to draft a reply bring it to the November second is that correct November second workshop and distribute the council and will move from there the motions made by counsel makini seconded by Councilman tag nelson there's no further debate on this issue so please vote wait wait wait wait please vote Jim can you hit that again thank you for councilman john kini jim nelson and Phyllis Sanborn oppose councilman Mike Barbour Tommy cones tad Nelson and Chris Anderson motion fails okay item number 16 a Texas Open Meetings Act section 55 1071 government code deliberations about real property discussions discuss acquisition of HTML and Pete cooling canals from NRG Texas LP the city council will now go into executive session pursuant to subchapter d avoca Meetings Act section 5 51 at all government code on this 24th day of october two thousand six at eight-thirty p.m. 5 5 10 7 to government code states a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party here in item 16 b 16 b texas okra Open Meetings Act section 55 107 to government code deliberations about real property discuss contract force you {00:00:31}
3rd row	{00:00:41} Your Honor okay good afternoon will call to order the City Council of the City of League City regular meeting December 12 2006 at 6pm to order one hour call roll Jerry Schultz tad Nelson Mike Barbour ducky Tommy combs here Chris Anderson here Phyllis Sanborn John Key me dear Jim Nelson here now moved item to the invocation pledge of allegiance to the US flag a pledge of allegiance to the Texas flag the indications not will be given by pastor Greg poor a clear creek community church and this would be a good time to turn off all cell phones and pagers let's pray father I thank you for the people on this council lord I lift them up to you because they've taken on a great responsibility for our families in our community and so I pray your blessing upon them and your blessing upon their families a pray father that you would let us honor you by being good citizens in yielding our lives to the decisions they make and the laws they establish in the direction they said for our community that we've been honor them by giving them that grace in that respect I pray father as they engage in the decisions that they have to make tonight that you would give them unity that you give them clarity of thinking and focus that you would give them wisdom that even in the conflict and the tension that's naturally a part of the hard decisions that they make that you would give them a mutual respect and that they would assume the best about each other as they make their choices and they decide so father I just lift them up to you I thank you for the sacrifice that they make for for me and for my family and for all those in this city and I pray your blessing on in Christ's name Amen the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all our money technics by graduation students alright we will now move to item number 30 approval of minutes and done now move to item number for appointments proclamations presentations and award there was a proclamation that we're going to pull because I think there was nobody here is that correct domes okay and we'll pull that an issue that at the next meeting item number five public hearing public hearing and action items from public hearing item 5a hold a public hearing on the proposed enlargement of tax increment reinvestment zone number two victory lakes we will open this public hearing at six over 4 p.m. if there's anybody that like to speak to this please come to the podium my name is Kevin cats and I'm a resident of leaf city a property owner of League City and I wanted to talk against the increase in the tax rate investments on as far as i understand it attacks reinvestment song is designed to stimulate growth usually in an area and underserved area for an underprivileged area and the and the idea of getting a zone to defer taxes is to try and stimulate growth in an area this area is booming there's no reason as I see it that the city Chicago taxes I don't believe that by creating the zone and increasing the area that it would prevent growth in that area and so I would charge the city with considering not increasingly to investment zone thank you okay and sir could you state your address for the record please write their property on doesn't have a name okay okay but it's it's almost adjacent to that property it's on a pin oak drive in in league city okay thank you very much is there anybody else I'd like to speak to to this issue please come to the podium okay hearing none we will close this public hearing at 60 5 p.m. and we will now move to item number 5 be considering take action on the approval of an ordinance enlarging the tax increment reinvestment zone number 2 victory lakes their move to approve counseling barbers measure to approve second about councilman Tommy cones and this item is now open for debate councilman Waldo thank you smear just a couple of things first of all just to address one of the concerns is that what these types of vehicles financing vehicles are for and I just heard a resident or a property owner talk about how its kind of four areas that may be economically deprived or whatever is to try to stimulate growth and that is certainly something you can do but just for your own application as well as anybody here that's considering Meredith is what it really allows the city to do is to help develop an area the way they want it developed that wouldn't otherwise happen on its own just through the market dynamics in this case that was one big concern when I went into the expansion you look at the proposed area it's certainly a commercially viable corner but the problem with the area is that it there are a lot of requirements to get it developed for the for the street that we require to be built all the way through walker street to be extended and over to the access they have to relocate some detention to satisfy the texas department transportation there are various infrastructure demands that have to be done just to put anything there and that's fine that's really their expense to do the problem is when the developed commercial developer goes in to do that he's also God he also has to be able to find people that will come in and be tenants and pay him the cost that he would have to be willing to do would make it such that the rent would be so high that the kind of businesses that we're looking to see in this case super target and home depot and the kind of things that are sitting these for for sales tax revenues they just not going to come pay that cost so the only way to gently overcome that barrier is to use the finance of the vehicle like this now I've done my due diligence I've talked with the experts on this and I'm on that board we talked about it at our board me a little over a month ago and I'm convinced that that is the case and so in order you need an objective that everybody up here I believe agrees with in order to increase our sales tax so that we can rely less on property tax owners then then this makes sense the only thing the city will really give up is the is the increment itself and all that is is the amount of property tax that we would be getting from that in excess of what it's already appraised at today okay it's already worth of value and we'll still get that amount that we're getting proper context but when it goes up in value from them developing it all that additional tax property tax is going to go to finance all these improvements that we talked about so yeah we are given up something but what we're getting back there's a lot more money and sales tax and that's the only thing these work so you're really looking not just for growth but very specifically for commercial growth that allows you to get that in it if you look the financing plan it's much more than that okay I want to be very clear about that and it not only to you because he brought up a good point but to everybody else on council I think it really does check out have had a good discussion with our experts as well as house who does a great job he has tons of experience in working with cities to achieve these objectives and and I am support of it one final comment before turn the floor back over I was contacted by a resident wondering if this is increasing our pit as you know there is a there are kids associated with this entire tax increment reinvestment zone and that's the pit is to actually pay for the same similar infrastructure the streets and stuff their associated with the residential but none of those are affected at all by this expansion those are held handled separately as driven by the actual development of each section of the neighborhood of victory lakes so everybody when they sign their for their house they have a finite amount that pit cannot be changed unless there's a public hearing the vote which is not going to happen so none of those finances are going to change at all okay so I think I hopefully have answered everybody's concerned if anybody else wants anything uncertainly field any further questions so thank you thank you anybody else everybody's Q is working council can use your key work and I saw Andrew down there actually my computer crashed and so he provided me with another computer however I believe we're still in the only sort of public you know so we're in the debate session of the of the actual motion absolutely what is on the county tax assessor I guess my question is the base property value that we're considering here that's what that's what's going to be frozen and then and that establishes the basis for the zone what is the current value of that property yes sir unless maybe one day is David W Hawes 16-18 Greenleaf oaks dr Sugarland Texas 77 479 I'm David Hawes's don't administrator and salted the city on the thick perturbs the answer to it is that it's currently valued at several million dollars I don't have the exact amount I can get that for you I don't believe any of us an advil Union if it were a roll back in the base would increase whatever the market value but I don't have a specific now that I can you do that market that yeah you get my thank you very much you hit my main question was if it has the AG exemption that's going to roll back they're going to pay the last five years of taxes or whatever when you convert a hag exemption into na nag exemption now you know if they start development they've converted to commercial development two years at Rell's back by the girls across the base year so that is your value jumps up so the city gets the benefit of that increase in market belly so you're protected they're great and what is what's the timeline that we're talking about next year next year yes sir okay because I know the traffic is getting unbelievably ain't terrible out there people are backing up all the way on 646 to the county building and Beyond and then that's the importance of this is providing the off-ramps egress and ingress off the port by the off-ramp and then I'm providing that package wrote about Walker to continue at 6.6 to 45 which will help alleviate that track so it should help to some way I know 646 going to be expanded expansions going to start a couple years but this is going to start about a year so that should help even further alleviate the traffic out there and okay great thank you very much emotion on the floor by Councilman barber to approve second secondary by Councilman combs if there's no further debate on this issue please vote for is unanimous motion passes we now move to item 5c considering take action on the approval of an ordinance approving the first amendment to the project and financing plan for tax and vet tax increment reinvestment as own number to dismember move to group counseling offers made a motion to approve councilman cones the second of that motion is now open for debate hearing none please vote for is unanimous motion passes item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in the property or business located within the city or their attorneys the statement of no more than three minutes may be made on items general relevance thinking there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers first citizen is Kathy Bradley I'm Kathy Bradley i live at 501 North Sarah deal in Webster Texas I'm also a volunteer for the city of zebra and I came here to invite you all to participate in the Bay Area fitness challenge what I'm scared I'll go be sure what this does is give you the opportunity to market your city more than what you already have mayor Collins that he could get this done for everybody from houston chronicle we're going to have a 5k Fun Run which see brooke has already named to the pumpkin pudding fun run so people can dress up in halloween it will be october 26 27 28 the 2007 then we're going to have fun with city council we're going to have a fitness challenge among the City Council's they're going to be 12 cities that have 12 cities that have been invited we're going to have things like a ping-pong tournament dumping apples egg race and the mayor of clear lake shores there's anyone over 50 gets the label and with its arm wrestling between the policemen and the firemen I made the suggestion of a tug-of-war over a mud hole or water hole it's just fun and all proceeds will be going to charity so far kima and clear lake shores have committed to this and you're the third sitting I've come to and by well thank you very much for inviting me if you will leave us some information if you very good I'm sure that we would probably be interested in that I and for the record our council was fun no matter where they go we will show up and be the show just just for showing up thank you thank you thank you and our next our next citizen is Kathy Weiss call okay Kathy why scott and i live at 308 velvet here in league city we've been here 39 years I'm a president of the League City Historical Society we're very aware of the beauty of our live oaks in Lake City and how much people notice them at the cobalt three how they set the tone for our city and we've been concerned about building grassroots support for preserving room and prepare me more so that we can keep having a low blow so we are obtained a grant plan Texas Forest Service to create a registry of live oaks and we've been working on this for two years now and we have almost 300 folks registry anyone who has a live oak in their yard and listen league city can contact us will register their oath if it's more than just a sapling looks about a Master Naturalist to measure it according to the stands of standards of the American tree registry and that way you can know how it stands up in Phoenix points on a national standard now one of the things that we're doing here is that we've paid their calendar last year we gave your copy by calendar this year it's bigger and better we have pictures of we've had a somewhat platensis Forest Service come down and take professional pictures this these are pictures Cara one point the city club and we have there's one here from going to pre house over on Dallas treat the moonshine oak is in here where the moonshine was made back in nineteen in the 1930s when we showed it to one of the old-timers we said is it really true what we heard is as cheese I wonder if that's concrete slab is still under it where they used to put still come that's a very beautiful calendar we'd like to give one to each of you and to the man and we also like to sell the citizens of big city that they are welcome to contact us to purchase one are they are twelve dollars each 350 thirty dollars and the first been selling these we were use to print a registry book which is lists all the trees that are registered and their sizes and and so people we would have that book so I like this time to give each of you one of these colonies and first and the way to contact us is the car 28 1332 6636 joannesharpe or 28 1554 299 forth and that's our West Bay common school children's museum Thank You Kathy okay our next speaker will be Lori Henry good evening mr. mayor members of City Council and staff and fellow citizens I'm Lori embrace chairman of the league fee senior citizens advisory board and I'd like to come to you tonight to present a report of the progress we've made this year since I talked to you in January first I'd like to thank you for your support and your initial allocation of a thousand dollars less January which was vital to the start of our program we hosted a huge kick off dinner in late January and we had over 300 people in attendance we were also able to start our first Thursday programs with adequate lunches and provide up for all of our startup costs every Thursday last februari we start offering our daily program or our Thursday programs all seniors from 9am to 3pm with various activities such as car games dominoes tap dancing line dancing exercise guest speakers and bingo we then enlisted in the Galveston County hot meal program which now provides huge trays of food directly to the rec center every Thursday and it only costs each senior one dollar over the summer we expanded our program to include a dance once a month which is not only attracted our seniors but those from Pasadena Alvin clear lake and friends with the dance was held every month august through november and featured a live band refreshments door prizes and a raffle we hope to continue these dances through community sponsorship and increased involvement of our league city seniors our next dance is scheduled for Tuesday februari 13th just before Valentine's Day and is open to all ages this time it's going to be a soft cup so polish up your 50s jitterbug and come on out and join us in the fall we join with the library outreach program and adding our movies at the library with refreshments every Tuesday afternoon and thanks to our community block development grant money awarded to the seniors program we were able to start paying our volunteer instructors our dance and exercise instructors to provide a more reliable continuous program of activities for the seniors we've also added ceramics floral painting and numerous other activities to the Thursday afternoon by far one of our biggest successes was our thing giving meal in which we had over sixty three seniors bring a dish and share a wonderful lunch together we have lots of exciting activities for this month a bell choir concert this thursday at Christmas floral class a senior skip takane chand a Christmas hula show so please feel free to drop in any Thursday for lunch or just to visit and lastly I want to thank each and every one of you for your continued belief and support in our program and would thank mr. Nelson pretty in particular for his generous gift and we look forward to the hiring of a senior's program coordinator and our new budget which will cover our newsletter expenses our recreational supplies and the expansion of our program now to Tuesday's in 2007 so please tell any seniors to know that you know to come and join the fun and join us on thursdays and tuesdays starting in February so thank you thank you Lord for your commitment to that program because I know it's a you in in Elena Balderas and Bonnie schoelkopf it basically just taking that thing from the ashes and risen and it's just a wonderful program and thank you so much for your effort that concludes number six we are right now in item number seven which is the consent agenda the staff has asked that we pull 7h and 7i so the consent agenda will be seven a layer I'd like to pull for discussion b c and g v like boise like cat do i go right yes okay and anybody else want to pull anything on the consent which is 7a through seven s okay we currently have h and I school permanently and we have B C and G pulled for discussion by Councilman kini if we'd get emotional the remaining items salute okay I'm sorry was it comin council mccomas made the motion to approve the remainder of the consent agenda second of our councilman Ted Nelson any discussion on this please vote or is unanimous motion passes we will now go back to 7d consider take action on the request for consent to encroach on to city right away mayor make a motion to approve councilman keys made the motion to approve I can second about Councilman Jim Nelson this item is now open for discussion council makini I guess I just wanted to ask staff from I know there's going to be some major improvements out in that area with and down Calder let me get to my map one second if you'll bear with me okay any further discussion on this issue just a second there I'm getting to my map if you'll bear with me hey thank you have we have we looked at the future of what's going to happen in that area and just determine that it's definitely when I cause any problems with it collar road and also any of the improvements that are going to be occurring in the near future along that area that's correct we've looked at it and this this gets the the petitioner the ability to his own sewer one weight but in the city system the requirement be for him to abandon his and connect in two hours thank you very okay commotion on the floor by council makini to approve seconded by Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes 7c consider take action on the approval of real property exchange agreement between the city of League City and San boy DBA Sam Boyd develops moved to approve council mccomas made the motion to approve and seconded by Councilman Jim Nelson decided is now open for debate councilman kini I just wanted to make sure that I was talking to the city attorney and he was discussing the possible need to include some language in here regarding deed of trust mr. if the city attorney could probably elaborate on what was a skosh I've talked about Larry Hubert on this issue and my concern is that that prior to the documentation being executed ding property that abstract probably done to certain it was no liens on one point three three acres before city filled fire department fire station let's go I just wanted that to be brought out into the discussion ok can you further discussion motional floors by Councilman comes to approve second about Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes item 7 g consider take action on a donation of 11.03 acres of land from sam boyd development for hidden lakes to fulfill the requirements of the planned unit development and park warner's mayor I'm going to make a motion to approve this contingent on our ability to donate it to the school district another alkene and excuse me and without the claws and the deed that requires us to also then set aside additional land for part second from discussion ok council makini has made the motion to approve this contingent on us being able to read them to turn around and donate this land to CCISD and what was the second one John and I wanted to strike the language in the agreement that require that if we did that that we would also then have to dedicate other parkland so boys ok and Councilman cones has seconded that item for discussion so this item is now open for debate council makini this point information real quick if you don't mind is there any way we can get somebody to pull up a map on the screen so that people can look at this while we're discussing it Larry to our is that is that we had to take very long if anybody has her disc that the joint says she hasn't Joanne has right there miss Sharpe actually well join is very good about reading her miss sharp as well thank you Theon sorry mr. king LeBron thank you okay council makini had before okay if chin would kind of outline the area that we're discussing and route in relationship to the school side okay my concern with this was our parks requirements one of the things is that it has to have easy access to streets I mean this is supposed to be a regional park and you've got gum by you on the west side there that is that blue line that's kind of heading north south on the north side you have the school and it's it's it's not very good for a regional park no access and so the reason I made the motion the way I did was I think it could be I do not want to have to maintain land we just approved a several hundred thousand dollar contract to for cutting grass in the city this is a part that we cannot access and I personally don't think citizens should have to pay to cut the grass on that but what I would like to do is I'd like to see that deed it over to the school district however that's not the agreement that we have in front of us the agreement that we have in front of us allows us to give that to school district but if we do and we've got to acquire more land for a park and that's the part that I want struck from this agreement if we could and I don't know mr. my setting up to discuss it and if he wants I've certainly welcome your comments mr. Boyd I mean I know what you're trying to do in the PUD it said we required that we required you to give us 11 acres now I'm not this is a 2006 drawing so i'm not sure if when this land came about as being the land that you want to dedicate but I don't have the 2004 I tried to get a copy of the 2004 PUD documents I haven't been able to get them and so I wasn't sure when this came about is that this particular piece of property was the part that we wanted and also I don't believe that this has been through the parks board but as far as them my name is sam boyd councilman kini to answer a couple of your questions that have been for the park board and received unanimous approval the answer to your second question regarding the location of it to give you a little bit of a history because it does get a little bit confusing there were discussions between the city of league city and the school district and the whole idea in the tent was the school district and and the city were going to cooperate because the school's plan they're very early planned and that's always subject to change was to have a high school junior high and elementary there and in addition to have somewhere between 60 and 70 acres of amenities tennis courts baseball fields track fields and what the city and the school I think historically have done and what their intent was to do with this land our plan was to the city always like in the school enjoyed like having a park a public park next to the school located next to school grounds and properties so that they could kind of use the same together and the school has stated that their attitude is since those of us as taxpayers who are paying for the school and the amenities they should be allowed to use those amenities on weekends or after hours and coordinating those amenities that the school's going to put in with the city park was the whole intent of this to begin with so not knowing where exactly what the layout was going to be of the school situation or schools and the amenity part part of the school's right we decided that we would lay this track in there like that and the whole intent was and is that the school and the city would probably do some swapping out of land okay to reconfigure that strip that's now dedicated dedicating as a park and maybe it would be half of it would be in a different direction it would be reconfigured to conform and be adjacent to the amenity part of the school improvements so that was the intent of a deed in the language in there was not it was simply this that the school in the city would do a swap out and there would be a reconfiguration and the language in the deed allowed that to reconfigure the parkland as the city in the school see fit and not to not to have the city code be required to acquire some additional land but that any reconfiguration would be adjoining that school property okay let me ask you a question if in for let's say we agreed to the deed exactly how the agreement the conveyance exactly how it had is tonight and let's say that we go ahead and arrange within I'm all for the school district having that piece of land there but and so let's say we essentially swap as you said that people in for another piece of land the school district has and let's say that joining right in that area over there from people and let's and let's say this the we don't build anything on it for four years well the current language in there says everything reverts back to you and that's what I'm striking tonight I'm not striking trying to come to it any agreement with the school district on some kind of joint use facility what I'm trying to do is for one thing make sure that what is what we want as a school district and a city coming to an agreement doesn't fall apart in four years because that could happen according to the current language well originally the language in the deed was there was a two year limit on and after speaking to several individuals Jack Murphy being one of them Jack reminded me and I agree with them that that sometimes it does take you know a little more time than you anticipate to get arrangements made like that so we double the time from two years to four years at the advice of the city one of the reasons that I think that it will get done by that date is because in speaking to dr. mossman and I hope I'm not speaking out loud she indicated that they're going their plans are to do a bond issue in May in spring of 072 to build two of the three schools still Terry so with that in mind I think things are going to probably progress fairly quickly they're going to obviously want to move pretty quickly to stay ahead of the growth curve with those new schools so I would say within even by that time they're going to probably have their master plan done if they don't already are they're going to have it tweaked so I would say back in 07 it would be very simple to sit down and come to an agreement on and it may be that the parkland there now might be half of it would stay where it is and the other half just kind of folds over to double the size of it but whatever configuration the intent was let me go back just a little bit more in history how are they how are they going to get to that park well the school I'm going to put I'm going to build a bridge across gum by you and then I'm also going to extend Lawrence Road or loose 96 through that commercial okay to tie into the school track okay and so i will have roads tied in from 96 that i'll put in and also i'm going to a bridge with pedestrian crossing so students can walk and ride their bicycles to school all right we'll connect with South Shore Boulevard and that's part of the master plan of League City that were fine under connect to understand that the connectivity are you going to provide a parking lot for let's say somebody from across 96 to if they want to utilize that part are you going to provide a parking lot no for them this rule is going to put their their roads in to connect not only two hidden lakes subdivision but also to marbella so that students can drive and get to school to and fro without getting out on the highway if they so desire and here's one here's my concern there's a lot of things we have to work out with the school district we have to work out parking because when we develop a park don't wear some gin don't we have to provide parking spaces and that sort of thing what about but what about restrooms every time i've been in some some parks ever restrooms some dollars you have to have an accessibility to the park and the only way we have accessibility is probably have a joint effort with school district maybe using their parking lot is a public facility right and so we there are other things that we're going to have to work out with the school district I don't know how long that's going to take that's the reason I would like to take out and strike the requirement of the time period that is in this agreement and that's what my motion has hopefully done the night councilman kini if I could make one statement originally when my PUD was approved I was not required back then I could it be I had a choice of India to dedicate 11 acres of park or pay the two hundred dollars per lot part fee it was either or it was my choice at the time I decided to do both so I was not required to dedicate this 11 acres of park I chose to do so for one of the main reasons why I chose to do so is because I felt like the area needed apart to service the what I was going to be developing so I don't want to see if it sounds like I want to hold everybody's feet to the fire I do it's self-serving I want to see a park out there and what I really want to see is part in conjunction with the school's amenity park so that it ends up being a very well-planned regional park we're talking you know the school 60 or 70 acres plus it's 11 that's a big part and that's what i want to see to service as part of the overall master plan for the communities that I've been developing and I'm going to be developing so I agree I like that's what I think you could do that I don't want so I don't want this to lag on and lag on and maybe all the faces if I'm still here and all the faces have changed and everyone else has gone I don't have to deal with someone new that may not be here then say we'll wait a minute we don't have to you know I want to be able to have an agreement with the city where we do have some timelines and I think we've been really generous in talking to the city about and I've also told the city that if they have any trouble setting up meetings with between the school district in the city to court these things on this item I'll be happy to set up the meeting at some place and I'll take I'll take responsibility for getting the two parties together but I can just tell you if both parties want to get this done and answer all three parties when you say both for the city and the school and I certainly want to get it done you're right three parties I just feel honestly mr. Feeny that for years is more than enough time to get this done and I've also told Jack Murphy and other city officials that if we come up to the to that point and it actually does lag on for four years and we come up and we're making progress sure i'll be happy to sit this because i want to accomplish the same goal that did everyone else does i want to see a park there what I don't want to see happen is and again this sounds a little self-serving I've dedicated 11 acres of land that's very valuable land from a monetary standpoint and I did it with the sole purpose of wanting to have a regional park there and and I want to see that happen so if I'm you know believing the point of wanting to have a timeline set I do because if we leave it open maybe all of y'all won't be here but I'll still be here have to do battle with that so leaving it open ended I may never get a part there and that's the reason I the question was also asked to me by one of the Park officials is could we accept his 11 acres and and dedicate this 11 acres or sell it to the school or give it to the school and then go build a park somewhere else in the city and I said well no I mean the whole reason why I dedicated is 11 acres when I didn't have to is to have the park there because we don't have very far to learn that first time I need the i guess the city attorney to clarify does its stipulate in here or specify that the land that swapped if we if we do swap something with the school district does it have to be this this land that the school district owns does it specify that the special warranty deed states that the city has two conditions or conditions one or the other the first that the city hasn't used as a public park the second condition is its to or condition as separate condition is that if the land is conveyed to declared creek independent school district within the four years that's given to the city in exchange for a similar-sized tract of land 135 acres okay then that alternate property that the city receives from the school district has to be used at a park the alternate property would be the property that school district gives to the city and suave the plain reading of this is that if the city fell to use the alternate property receives from the school district as a part in the land we give to the school district reverts back to mr. boy so that would be the school districts of decision on how they want to handle that type of transaction I wouldn't want to speculate on how they would handle it but there may be dueling inverter clauses were about we felt used to get the profit they gave to the city and they have to get the property the original 11-8 respect mr. Boyd and we have to conduct our property back to the school district so that that's I just want to clarify that no okay mr. Polanco did he looked at this and he worked with my attorney on it no made revisions to it and he did he was okay with this okay I'd like to ask mrs. sharp as a board member of the parking partment a couple of questions if I could if she wouldn't mind Mr Kenny if I could say that the parks board MP + Z approved this piece land and the reason that the parts court approved it is that mr. Boyd has met all the park was requirements he has not only paid the part edification fees of 200 per lot but he has also created the H way parks in the HOA the park needs so this 11 acres is just additional lane okay um thank you very much miss sharp I guess one question I have is when this came before the parks board is this which you understood that the action of the parks board was taking that day we were asked to approve the nice a rule for the addition of 75 acres I have my staff report with me we did not have a discussion about the location of this park the contiguous miss to the school property the parse board in the past has taken some land that has not been so usable and we have sort of decided and whether that applies to this or not as a matter of opinion but we have sort of decided we're not trying not to do that anymore so whether we would have thought this trip being landlocked was a problem without the school we did not discuss this he has met all these other things according to hartsville but the location of this this situation we did not okay thank you very much councilman barber thank you is there a way to get that back up there because i want to ask mr. boy a question thank you for bringing it by the way Shawn thanks mr. Boyd if you earlier you mentioned about some of the roads that you plan to build but you were kind of just pointing toward the screen i was wonder if you could actually point to the diagram on the overhead with your regarding the road yeah because I I had that same very concern especially if you know how people going to get to it and if we're taking that you know initially as a as our LAN this road right here I'm going to build this road off of 96 which will be an extension of Lawrence Road across highway 96 and then I'm also going to build a bridge over the gun value to connect this road that will be built that will connect the south shore boulevard south shore boulevards already in and it's dedicated to the city the city now you know that owns that that right way the school then we'll put their interior roads in to connect over to marbella and over to they're going to have to put these roads in any way to connect whether the elementary is up here junior high here or high school or in reverse they're still going to have to a road in here to connect all three schools so everyone can ask him and the idea was in the idea was as I said before and I I respectfully differ opinion on the issue of whether this was discussed the locale of this parkland it was discussed mr. Randy Riley was there representing me if a park board meeting and we did discuss the location of this we discussed the ask me it was in the floodplain which is not they asked we talked about access and we talked about the same thing that we're talking about here tonight that the whole idea was to do coordinate this parkland and there would more than likely be a swap or a reconfiguration of that to tie into the school part but this will be connected it might be that the park land is in this area over here in this corner but the school is going to want to connect that because it's going to be connected any way to their a manatee park okay dressed now school now given all that because one thing I think I'm reading into the the motion with stipulations this is more for you than I probably come back to you depending on the sensor one of the stipulations was that we are able to dedicate it to the school had that first thing you had two different things because I this is really important for me my main concern is that that we are not constrained by time now that was the second was approval contingent on us being able to donate it to CC is being able to see because I like where you're going with that because you've brought up exactly the same thing I was going to bring up I was second on the cube but here's here's the thing and I want you if you want to further quite fun the thing is okay so we're able to what if they don't accept it for whatever reason what if they don't even pass their bonds and I mean so then we're left with you know an area that's all that we've already taken deep for foreign dedicated as parkland if we vote YES tonight standing right if we vote yes tonight we have that piece of land and it's ours and it's dedicated park so we can't even change it to use without going through a process right is that correct but that's still free land so I mean we understand it the deed says two things even number one that the city will use it as a public park our number two and it's an option you got either or you can swap land with the school or reconfigure this they're kind of swap at the school so that as long as that 11 acres whatever you swap for is contiguous in this area right here you know so that it's part of the area of the school I think I understand that and again if we just based on the wording of this item and everything are we accepting it tonight originally as part you're accepting that subjects of your Roberta conditions which is if you fail to use it he fell to swap the land with school district at the four years did a fifth year you fell the use of love makers as a park he reverts back to mr. point actually we're not doing that because i changed the m emotion i altered at them well do coffee if you offer the words of the born today then this deed will not take effect and we'd have to go back to the drawing board in English boys here's why I wanted to do well the other boy could agree to it tonight we still would have to draft the warranty d and I would prefer that i would recommend that we aren't Chinese language in a warranty deed that we bring it back to Council next meeting so it could be properly done oh god of war actually I dare the floor and I do want to say this before you go into that because here's my deal why why this meeting right now the school district we have met with them about the specific use they haven't had the bond that presumably would be able to finance everything you're hoping they will be able to do wine tonight why do we need to do this what does this mean to you tonight I don't care when we do it because it was yeah I just like to do it I wanted to do it before the end of the year so that we can just get it's just year of in business I'd like to take care of this this is something that I agreed to do a couple of years ago and it's been you know it's now time to do it now the only reason I want to make this perfectly clear if it doesn't become a part I want that stipulation in there because I didn't have to give this 11 acres to the city if the city wants this land and they're going to accept it I wanted to be used as a city park it's just that simple that's all and it revert back to me okay and I mean I can't really use it for anything now so what I would end up doing is probably just giving it to the school but what I want is what I stated and we tried we gone over this for weeks with Arnold pelant and you know we have this resolved to wherever one would comfort with but I understand your concerns here and I can only tell you from a time standpoint mr. Keeney I am motivated to make sure that the school and the city get together on this and I've spoken to dr. mossman about this as recent as a week ago and she said bring it on let's get this done because it's going to begin to the whole area well before I give up for just my last statements I don't see any reason why we should do that tonight plain and simple eat I think there's still more stuff we need to do before we do this yeah actually i think i'm gonna bid my motion to table decided well I'll second that the second currently on the floor excuse me is by Councilman cone so councilman kini is going to make a motion to table the item councilman codes that you want to second the table or do you want to yield and let councilman barber second it oh you okay so the new motion on the floor is to table the item by council makini and it is seconded now by Councilman barber the item 22 table is now I'm going to clear the queue and we will now vote not yet we're going to vote it one home well yeah you know what I'm not going to do that because councilman keenya if you want to table it if you want to change your motion I'm going to allow you to do that but only when you have the floor right now councilman barber has the floor and when you yield councilman Sanborn is next councilman tad Nelson is next and then councilman Sanderson was next and then you're in for so if you want a table at that point i'll let i'm going to go ahead and let the debate continue i believe i can change at any time may change my motion however i know there are other people that would like to discuss this issue and so therefore i will withdraw my amended motion and let the original motion stay long enough for the discussion to occur councilman bob are you ready for the few new things are happening all the time that I'm finished discussion for now okay Councilwoman Sanborn my questions are kin if you could come up under a question issue for you I know that you were responsible according to this for putting it on the agenda and the staff recommends approval but as director of parks and cultural service what is your position on this land and do you think that we could meet the four-year requirement when I first met with mr. Boyd when I looked at this particular track the dimensions of this particular track you're looking at 200 foot width and 2400 link and I think the limits us as far as well we could put onto this particular part I'm not interested you know I don't think we're interested in HOA park I think we're looking at a community or regional park so does dimensions don't really lead us towards that direction but mr. Boyd did fulfill his requirements as far as Park ponents and I hate to say this is free land there's no such thing as free land but this is something that he's given to the city to hope that we can work out with the scooter drink to come together and build a regional or community park but if that doesn't work out it goes back to mr. Boyd and the city really hasn't lost anything and if we do work that out with a school district how much would you say to get a usable part for it depends on where Kyle amenities we would like to put on there and then Stefan have to go back and look at the cost but right now it's the way it is that 200 foot with and 2400 length they're drunk they're only some certain things you can do with that thank you yes sir councilman's had no [ __ ] about a few things how many acres I mean I just wanna explain everybody what's really going on it how many acres of property is the school district have 130 they have a hundred thirty and that's this mystery has 11 that just happened to be behind it what he's trying to accomplish is to put the school district in the to a place where they have a hundred and twenty-one acres and then they can put their park wherever they want that's what I'm asking Perry people talking about how bad this area is for part that's not the point their property will extend all the way to the end of the mr. Boyd's property they can have parking lot back there they can have a baseball field they put that park anywhere they want on that that place and if they're going to have three schools I can promise you every acre that they have additional benefits the school district there's little doubt about that I've talked with dr. Boston about that I mean this is a win-win for everybody and you know I guess we can say yeah we had to fit a little park on a sliver of 200 x 2400 nobody has said that correct okay that's not as a matter of fact I'd be willing to bet a dime to a donut that would never happen what they'll do is extend their property and then put their park elsewhere on that property and it'll be perfect it will be great mr. Boyd will get the park that he wants CCISD will get 11 acres free and everybody would be happy and if it doesn't work out he gets a piece of garbage land back do anything on that's what's going to happen so I'm voting for today I think it's a smart thing we should have done it last year despite our problems mr. Boyd councilman Sanderson I really think this is kind of a no-brainer mr. Boyd has met his financial obligation to contribute two hundred dollars per lot he doesn't have to give us this land at all it seems real clear to me that what's going on is he's giving the city this land saying please use it as a park no one has any realistic intention that we're going to build a park on that narrow strip of land on the other side of the school districts property he's giving it to us so that we can go to CCISD and trade with them to put a park in a better located spot on their attractive land and in looking at the deed we don't even have to trade 11.03 for 11.03 acres just as we can trade a similarly sized tract of land so maybe they want to give us eight acres instead of 11 and we can put a regional park there right yes I mean there's no downside to this for the city whatsoever is there he's giving us land that he's not obligated to give us and if we don't use it to enhance the beauty of that area by putting in a regional park he gets it back pending agreement between the school district innocent okay now mr. Nelson mentioned increasing the size of the CIA's link we can't actually donate it to ccisd right we have to trade it in my mic park mr. turn well the I'm just addressing the day to dig the reflexive tarantula it's okay so so either way you use it after four years we used as parkland are we trade it with the school district swap it out the school district we can't just per se donated to the city or to excuse me to the two ccisd with to trade it for well I guess you could donate it to ccisd they don't use it for Clark is going to revert back to mr. boy right we donated to CCSD they have to build a league city park or does it have to be you know I'm a little bit confused about whether it just has to be public park or the city park I mean if there's a difference i guess if the the way it's worded there's two conditions this is used as a public park uses public park by the city are swapped out with the school district now if we were to the city were just to donate it straight out to the school district that could be considered possibly a violation of the steve unless he waived that requirement in the in the school district start using it as park if the school district failed to use it as park certainly this lead requires it to be reverted I unless I've been further resourcing a memorandum cuz my initial thoughts on so so it could be a park at CCISD as long as they say this is a park that we're putting in place because of the 11 acres that was was you know donated by the city of League City that was donated by mr. boy well that would be the CC is DS understand with mr. boy they would have to clear that with mr. boy if the city was going to donate the property without no swap to ccisd then in Bethesda ccisd to reach under state of mr. Boyd on this warranty long as its public park it's okay with you I'm asteroid I think it's great i'm voting for it council makini you know it disturbs me that we keep talking about as long as ccisd does that as long as ccisd agrees to this if CCISD will fund to maintain and improve a public park so you're asking now if you want to consider your your thought process you're asking now ccisd to maintain a public park you're asking CCISD to improve a public park and that's not their responsibility that's not CC is DS job to maintain and improve public farts now would they do that I don't know why don't we try to figure out and talk to them first before we start entering into agreements where we're saying this will work if ccisd does that let's talk to ccisd I don't know if mr. Boyd has I mean I know he has a time frame of I guess cleaning house at the end of the year and he'd like to get this taken care of but is there anything wrong with let's talk to ccisd since obviously we're all hoping we've all agreed that that 10 acres up there is not usable as a park the way it's configured it's not usable and that's agreed up here however what I don't see is an agreement of what is going to happen and I think that that's what we start need to start working out before we start entering into other agreements and that's and that just makes sense now there is nothing free this may appear to be free land but if we don't do anything and we're not able to come to an agreement and that schools not going to be built a high school takes something like 30 months to be built so first of all the schools not going to be built for almost three years we're going to have to maintain that we just approve the multi hundred thousands hundreds of thousands of dollars to cut grass in the city and that's the taxpayers expense I would like to make sure that we can work something out with CCISD before we encumber our citizens with maintenance costs on land that's not usable it's certainly not usable current configuration the attorney needs to speak before new one council member sindelle someone forgot the address sir there would have to be the research on the issue of we're not sitting and give away property for free yeah which other I think we've had three something some quantum meruit something back in value it may not be landed at be something else so that'd be another issue that you'd Oprah would have to overcome before you could dedicate land to the school district either way that you're reading of the deed is the context of nature of it is leaning towards a land swap with the school that's correct thank you yes ma'am our staff report said was about City Council required to develop dedicate councilman barber actually she just said one of the things I just heard a few moments ago that wasn't required I think that's an incorrect statement because i think what maybe what was meant was that it was required by the parks dedication ordinance at that time and yet others as i understand a negotiated document when we grant one we can ask for whatever we want that they agree to and we agree to it and we pass it so now it is required that 11 acres is required now okay so during during the time between now if we took it tonight and at some point is a given away or or not developed a reverts in that time we are on the hook for the maintenance of it somebody calls us and said the weeds are really high we're on the hood so that the question that not a single person has answered tonight is why should we do that now when so many things that are up in the air and we haven't even had a dialogue with a school district even though it's all well good maybe an individual has but I'm not going to do anything until I see them talking I have a chance to talk with him about it especially in an open forum so I I think it would be irresponsible to pass this tonight nobody's told me why now even you yourself said well no it's not time sensitive just doesn't make sense i got a bad gut feeling on this one Thank You mr. board I want to clarify something about I was not required the city ordinance at the time that this took place did not require me to do both it said either two hundred dollars per lot or 11 acres of land that that needs to be really clarified and that's what the CEO arbitrated time so I agreed to do both Sam last equipment councilman Sam going on with you now CCSD I think covers 12 municipality and I think when we have a council member even mention that so cci SD gets it they build a public park I think that we probably as mr. kitty said should talk to ccisd because I have no idea where the ccic funds particularly bond funds can be used to build a public park so I think when when we start discussing what cc is will do and how they'll do it and if they'll build a park and if they'll maintain it particularly a public city park that that we need to be real careful about that mrs. Sanborn it's my understanding the intent was never to get the city or get the school to build this part the intent was to coordinate the configuration of this park land with the school and it's like councilman Nelson said it's going to end up being all kind of together you know used by the park by the school and whatever you know the city and the school agree on on a configuration of the part that particular winter and you may end up with eight inches or whatever it is that's why we didn't limit it and say it had to be 11 acres it's whatever everybody ends up being comfortable with but the intent is that the school is not going to build this part the city will be that responsible but i have seen in the past CCISD or i should say the city and ccisd not exactly see eye to eye and and that could happen if you don't have an agreement not you that could happen if we don't have an agreement well to have an agreement now this could go on for a long period of time that's why i left is we double the time from two years to four years to say that you can get an agreement now it won't happen because the school doesn't know exactly where everything is going to go but in a four-year period of time that is more than ample time to sit down with the school and and maybe the history has been that you know there hasn't been as much cooperation between the two entities but i would suggest that you need to because they're interconnected we all know and i would agree the growth i'm here developing because the city is a wonderful place one of the reasons it's a wonderful place is because of the excellent schools in this area i would not be developing here if it were not for Clear Creek High Speed they are just they attract people to this air so I can just assure you that if if my help is needed I offer my help to put the two parties together and to be involved in any way that I can but I can tell you that after speaking to both parties I can tell you from my standpoint both parties are willing to do that sit down together mr. Boyd could we put something in the in the d like for instance what's ground is broken you have four years to build a park assuming that the bond is going to pass you know we hope that happens so we can can get these schools but couldn't instead of the four years starting so quickly because if the schools aren't there we're not going to have to park there you know access to the park roads to the park and all of that could that be changed in some way well we can change anything and y'all I mean y'all just do whatever I mean I will abide by whatever this council wants to do I want to see a nice regional park there and just you know we can sit here and play what if I mean what if these girls aren't built but what I mean what if a truck hits us all tomorrow I mean the fact is there are going to be probably seven thousand plus new homes built in that corridor from 272 146 from 96 down to 646 just the stuff I'm developing is going to for 22 million homes well the school doesn't have a choice if they're going to stay ahead of the growth curve I mean we all know that they have to build those schools and they have to build them quickly they need that elementary in high school now so I mean we could sit here and say well what if it doesn't happen I think the citizens of this this town in this city and the school districts are smart enough to realize that it's necessary it's what it's what creates this great atmosphere down here and I don't disagree with that at all my point on the what EF or if we could add it in there that once grounds broken on the school that we have four years to build that Park or within four years we built that Park I mean I I think that that's to me that's a simple I not a simple compromise but it's a good compromise how about if we said four years from the time of their bond a successful election well hold on this hold for a second because attorney has already advised us of changing a warranty deed on the fly we I think that's where we all get in trouble sometimes I mean if they do a bond election visit San born in the spring that's only what five and a half months away six months away that's still going to leave three and a half years you know to get things rolling it's where we all want to be I just want to see a nice park Thank You mr. Boyd mayor sam i said one or two questions there counselor cones yeah how's Raquel but I think we're beating this one real late in the night here just one quick question we need their need to either postpone it move on get off of it or pass it tonight can you give this land to the school district could I yes you could have given this land to the school district and not come up here tonight probably so I understand that but the point is is that we got 11 acres of land I think we can work out with the school district and find a different location Mary I just have one question for you is this 11 acres required I do remember that mr. Boyd was back in the time of the two hundred dollars / / / lot do we know that for a fact or not I think that's a big question here if nothing else happens and it reverts back to you but it's 11 acres of park lane that I think the city ought to consider Councilman Jim Nelson wall sir the way I see this whole thing is that this is unimproved land until something happens out there so it's going to sit there we're not going to have to take care of it until something is developed so what are we arguing about cutting grass it's not even I don't understand what's going on here I think we need to pass this tonight and move on bouncing a tad Nelson Sam Sam classy one push up mr Barber made a good comment um you have a putt agreement on this yes sir and in the pedigree thinking part of your agreement was to get the city 11 acres in addition to the 200 hours so you've agreed to do this yes sir and it was it agreed that it was going to be this 11 acres we didn't it not specifically no is this pretty much the only 11 a because you have left that you could give yes so in essence we have a pot agreement with you where we're supposed to take on 11 acres and we get to do that I would hope so sounds to me like we broke here anyway okay so council makini at this time you're going to change your motions that correct the table actually mayor what I would like to do is withdraw my motion okay so you're going to withdraw I'm going to leave for the record your first motion as the first as the only motion which was tension there is no motion on the floor I'm sorry that's that's what he said he's were throwing that a realignment but I'm for Barbara's sake I'm lettin Barbra know that the motion that is being withdrawn was the motion to approve contingent on us giving it to ccisd and to strike the the return if we could not that's being withdrawn so council cones it's your second now do you have any mirror go ahead and make a motion to postpone it indefinitely two against more answers okay council McCombs has made a motion to postpone indefinitely seconded by counseling barber is there any further debate on this hang on please vote actually we're ahead the queue I'm sorry and I would just like to a long hold on hit the cue for me because tad one can also go ahead counseling kini actually I would just like to say that as mr. Cohen suggested that we should act quickly get with the school district and and I think we can come up with a very workable situation where we create a park on the somewhere on the outside of that hundred and thirty-five acres that's that's going to be great but I think we just need to do it I've looked forward to it and I'm just wondering if you're going to take the lead on that are you talking to you sir oh absolutely you bet you okay so emotional for of councilman sadness I just want to ask that they can help me out or the attorney I just going to know what our responsibility or liability as for that matter when we make an agreement with somebody in a puddle and it's clear when you look at the land that they have there are only 11 exists in acres and we don't take possession of them like the putt agreement says I just want to know legally if that causes a problem down the line somebody could look that up for me and also if you don't mind throwing up email me wearing the putt agreement it shows that we took that we were supposed to take the 11 acres I just kind of like to look it up myself thank you very much I'm meeting with dr. mossman on Thursday on another another related items so I mentioned it to her as well counseling can hear you back on the q no okay very good with no further debate please vote on the motion to postpone mayor just for clarification who seconded by Councillor barber head thank you for counseling barber columns Keaney and Phyllis and born opposed counseling Jim Nelson Ted Nelson and Chris Anderson motion to postpone passes item number of a reports from staff member tonight but like to introduce engine and it's Kenneth Baker he's the manager of information systems area so we're glad that he took the time to join us here tonight thank you welcome to ward councilman anything else first okay item number nine old business from the Supplemental agenda 9a consider take action on authorizing the mayor to execute an interlocal agreement with Galveston County Texas for joint funding for state highway 96 improvements and authorizing the expenditure there to would approve sorry councilman Ted Nelson made a motion to approve second by Councilman Jim Nelson this item is now open for debate council makini I guess you know I've worked pretty hard to bring this forward and I missed but one of my questions is the authorizing the expenditure there too what that what is the implicate what does that mean I mean I when I read it it says we're authorizing the expenditures what what expenditures and how much are we talking about how how's the city going to come up with that money I'm just wondering why we needed to put that additional text in this motion yet he recommend to me I'm asking the city authority unless you know where actually Chris Reda and I both are aware within the last state highway task 96 Task Force which at this point I'd like to thank very much the citizens that participated in that it included txdot Galveston County fact Council kini I thought you were actually there anyway I called the meetings okay start oh absolutely ok so I don't know how we miss this but this was where the we're going to piggyback on txdot on Galveston county's agreement with text dog we have to find Chris what is it three million 3l 3 3.5 million and this is simply instead of us writing a check this is what TxDOT will use that we have ratified and agreed to pay we just don't have to pay today okay so really this additional language here really is kind of redundant because if we execute the local agreement for junk joint funding I guess where are we in that motion were authorizing the expenditures so I just I was wondering why we you know but I see redundant language I try to figure out why is it redundant but it just sounds like it's redundant because the joint agreement interlocal agreement already has the amounts in there any further discussion on this issue I would like to bring something on there if everybody would go to number three towards the end of that paragraph I just wanted to bring the council's attention that it says if upon termination of the advanced funding agreement of a some less than seven million dollars in other words if TxDOT spend some of that money and they give the reimbursement to galveston county will only get fifty percent of what they've gave what they've given Galveston County back so we'll have no recourse with text stopped because this agreement is with the county I just want to bring it to your attention council Macomb Chris if I'm I asked you I just want to make double sure here that after reading the agreement casino we're in there where it states about the unfunded liabilities that we have for change orders like we had on highway 96 I want to make very clear that we're not stuck by agreeing to this for any overtures or expenditures that or above this at this time I don't see it in the language but maybe the attorney can address that I believe that that was addressed and textile has agreed to fund all of the yoga jizz but I wouldn't miss the councilman conscious his right eye and I haven't read through this particular document but it certainly needs to be in writing is that the way you understand it that's correct our contribution in assignments it to the 3.5 million the only downside is like assistance a mystery restated debt if for some reason they do some studies and they decide not to go through it we can't we don't have recourse if we received less than 3.5 billion if we received 3.4 million understand but state highway 96 we were tagged with 8 million dollars overage after sending an agreement that we would we do not have everything over we do not have agreed with text I don't see that issue but that's not the point thank you motion on the floor by Councilman Ted Nelson to approve seconded by Councilman Jim Nelson with no further debate please vote for words an animus motion passes and rusev item 10a we have a number of supplemental barbershop I skip something tolerating can a consider take action on a request from Reverend Edwin bamberg spirit and truth Family Worship Center for variance to ordinance 2006 720 property generally located as six acres out of 76.3 80 acres of stephen f austin survey abstract number three Galveston County Councilman Ted Nelson's made the motion to deny Councilman Jim Nelson the second to that motion is now looking for debate councilman Mike Barbour the notably first I had to dialogue with some staff after our last meeting and by the way I wanted my goal is to make sure that you're able to do this without the additional cost and there was another way that that i thought was proposed and maybe it's still in the works which was that we put in into our ordinance verbiage that for nonprofit agencies such as church whatever that had submitted prior to that fund that we could not have that increase in cost for those i don't know if that didn't i find out that that just wasn't achievable or where we at with that process because to me that's a much better way of handling it and still getting into what you need we did look at that that was one of the items that we discussed and with that you would ultimately have to go back and recalculate your rate study to show the shortage that you'll be estimate the shortage you would have in your capital recovery fund in order to do that okay so that's still so which says it's still in play and still in process or you're looking to see what happens here and i provide something that the staff would recommend that we do at this time okay see and Mary I believe you also explained to me because I was inquiring as well that if even if there was a variance that that had to be paid by the city the way it was explained to me by the city attorney and we sat down with him is that even if there is a variance because the state law requirements on guiding the crfs and CIP issues that that money still has to be paid because you have ultimately when you adopted that great study and your capital recovery fee great you have said to the state this is how much money we need in order to take care of our infrastructure and to take care of the impact on our city's infrastructure and by granting those variances you're now saying I don't necessarily need that state so I still got to put that money in because I told you I needed that but that truly is what the impact it councilman Santa Councilwoman Sanborn Mariette if this was done with the church out over there by the big league dreams and I know that that there's a new church going in on Brittany babe if we did for one would that legally bind us to do for every church that came before us or every nonprofit I mean if you do for one which i happen to be a member of one of the churches of this building don't you have to do in frome that's a great question this you face is if you grant a variance to one nonprofit worth of church or some other nonprofits and if another nonprofit request that same variance you don't give it then you're starting to look at it possible you're treating different classes differently or same class differently in other words whatever you treat one class you have to treat them equally so if you're treating one nonprofit differently from another one that's not a good position via you would open yourself up to other people wanting the same consideration and if you refuse to give it then you may be subjecting yourself today possible claim and Mary we talked about this earlier because I thought I had some questions about this too because I want to be fair and equitable to everybody and you know I'm very excited about your church coming in there you've got a you've got a great site and I know that you're going to bring people in with your ministry but has a has have you ever or have we ever waved the CRF please that since you've been here not since I've been employed with the city city engineer is also shaking his head is never bed that's never been done okay well I Councilwoman again as I was discussing this with Mary because we all you know aggressively looked at this the day after the last council meeting because we all wanted it to happen but it one of the first issues we faced was obviously the YMCA right they'd be knocking on our door under the same circumstance it's just it's just it's middle is unfortunate of things councilman Collins again mayoral disagree with your comments for the simple fact that I think what we're talking about is not waiving the fee for the church but reducing the feedback down to what Kepler recovery fee was prior to joy of the 26th of 2006 in this special situation the Reverend placed the plat to the city back in 2004 to build this church he came before the city took drones and so forth and there were some complications with the site review and they had to go back and redo it and then he came to the city for a building permit at which time he was told that the fees doubled completely doubled I don't think we're looking at giving waivers to the YMCA or given the church a waiver but we're asking to be fair to the people that were in the process a process of capital recovery thieves and that is we're not the leading all of the fees forum were just simply dropping the fees back down to what they were when they were in the process and the process was like they submitted a planning they submitted a klatt to the city and move forward and just was called up in the time period of July the 26 so therefore we're not waiving fees or capital recovery fees or deleting them for the church but only lowering them back down to what it was initially when they started the process but I would also like to read in the local government code chapter or section 395 dot 0 16 the time for assessment and collection of fees it says the political subdivision may assess the impact fees at any time during the development approval and building process except as provided by section 395 0 19 the political subdivision may collect the fees that either the time of record ation recording the the plant of the subdivision plant or connecting to the political subdivision water or sewer system or at the time of the political subdivision issues either the building permit or the certificate of occupancy so it's to me it sounds like that we can collect these things at different times in the process again i'm not stating that we ought to lay these for for anybody especially if they are an impact to the city but i can only tell you that where the church is located Larry do we have water out there now at that location yeah there's so there's water so really the impact is not like running a water line three miles down the road to a strip center or to the church let's say if they were on a vacant road water is in the area so therefore the capital recovery phase and the impact to the city is not what's really displayed in this data sheet showing that the citizens are going to have to pick up the cost which I disagree I I strictly just want to be fair to the process and I've said before that I think anything prior to July the 26 when when a person has brought their plans and their played into this city should be stuck with the the rules and the laws in the ordinance in place that thats and be like us one by a car today and being told that the interest is seven percent and we go back this evening to pick up that car after we made our transaction and then tell us that now the interest is 50% on that loan so I'm just saying we should not waive capital recovery fees for anybody not saying that I'm only stating that we should reduce them down to the impact fees or at the cost that when they first planted their plant and that was in two thousand and thorne and they had complications now the church's is ready to move I think we're doing a disservice by charging this church and only this church the the fees of i think it was fifteen thousand is that correct revered instead of the seven thousand dollars like they were told at the permit process Thank You councilman Sanderson married couple weeks ago we had a a presentation for council from the owner of servel homes and I recall that his complaint was that from the time he had gotten his plat approval to the time that he was going to build in his last phase that the capital recovery fees increased and he was before us asking what would we let him build at the fees fee structure that was in place when he first got his plan approved and we had to vote too did we go to deny that no sir we postponed it it's been postponed okay so I mean so it's a timely issue so the only difference between service requests and this request is that this is a church or a nonprofit organization as opposed to a for profit builder develop the right other than that it's the exact same situation or not it's the fact that this is a non-profit in mr. Issa mr. um Colin Colin mr. Holman that came before us was asking to pay because he'd already built four sections of his subdivision and wanted to build the rest at that same rate and at that time staff told council that there were approximately about 2,000 lots out there that were also in the process of planning or or being developed before council amended the rate so the staff of full some of that information and quite frankly not even considering the commercial properties that are out there we all know that commercial rate is a lot higher for CRF fees than residential we came up with just a quick and dirty 1737 tracts of land that would be impacted or could possibly come back to council and asked to also be allowed to pay at them at the lesser rate prior to council increasing the rate in July and we just wanted to bring that information back to you I believe one of the council members asked if we would pull that information together and we did so if I understand you correctly what you're saying is concern that you have a staff is that if we grant this this request now and allow this applicant to build that the lower fees that were in place when they first submitted their plans that we're going to have to turn around and consider doing the same thing again to mr. Holland or any other applicant who may be in a similar situation where there's been some delay between the time they got their plat approval and time when they're actually ready to permit and build it now that we've increased our fees I can't tell you one hundred percent of these people might show up but I do believe that it I have the professional courtesy to tell Council this information that it is a possibility that you could be faced with additional requests are there lots more people out there who have had five approvals soon as I stated we only looked at the residential portions we didn't pull all of the commercial set asides that are also in the process of being planted developed and have paid at that rate and these CRS and increase from time to time to reflect actual cost to the city right I believe that's correct so these these these increased fees that were discussing these increases in the CRFs that took place recently those reflect actual present-day cost to the city based on the information it came back in the study that the city had the staff to go out for RFP and do it yes sir does so is it fair to say then that if we whether it's this applicant or any other applicant the grant a variance and allow people to to build that at a lesser fee that we are subsidizing their development as a city if you set the Fiat at one rate and then you're going to allow them to pay it at the old rate then somehow yes with the money having to be paid then yes the city is going to be doing that because the difference has to come from somewhere else just have to come from somewhere or else we're running out of deficit to if you recall a few months back when the city adopted zoning and we agree for 90 days that we would allow people to turn in zoning applications at no charge it was at no charge to the applicant but if you recall staff came back and asked for 25 thousand dollars for to pay the cost of that so what we say to as being no cost is really a cost and it has to come from somewhere because we have to pay other providers of those services so if it doesn't come from somewhere else effectively we are creating a deficit for for our city budget per se and that's from mr. Herbert serve as their Director of Public Works all right calcium excuse me councilman barber or all those concerns that you just that councilman saying this image is brought up are exactly the ones that I was also worried about that I mentioned when we visited with you back in November so I guess I really only have a couple more questions just because I'm pulling at straws here trying to find a way to not do what I don't want to do you said it is stated here I think may be our attorney's opinion is the state state law there is no vesting in the payment of crs let me ask you a specific question are you state are you are you suggesting that the state just has an old lab that hasn't called for that or they would not even allow for us to do that and I think there I hope I state that in a way that you understand what I'm asking please replay okay sometimes the state like for instance in property zoning they the state passed a statute that called for investing in September first 2005 now I don't know if you're telling us that the state hasn't done similar thing for vesting and CRFs or if you're telling that the state prohibits the city from having our own ordinances that call for vesting on something like a CRF alassane vision sainik chapter 3 95 16 get specific scenarios regarding the assessment of impact these four impact these adopted before after 1987 so there is a partial answer to question that require further analysis to go back with Arnold on that give you specific answer regarding is there a vesting the only best thing that that would be close to that would be under 3950 16 but again that's under different scenarios the question that's being asked now is whether or not there can be a variance to impact now I understand that part and so I at this time to answer your question I that built it works I appreciate that ladies follow up points one further question it was brought up that the to build the church you're looking for a shipment of one burn some things there's a process to move forward which would be held up until this CRF would be paid and permitting as allows that correct that is correct is there any way that the city can defer a portion of that payment which will be equivalent to the increase until a later date as I mean is that legal is it possible is it something we could do because you were prepared to at least pay that amount prior to this increase yes and I don't even know if that will put you on the hook now you're worried about can you pay the balance and what would happen I don't know I just I'm just trying to find a way what was it what you could the city defer the full payment you know required to get his process moving forward you could pay what he was prepared to pay our previous serif and defer the rest until later date I mean I I know it sounds like a slippery slope and it seems uncomfortable but I don't ask that that I'm not going to have a clear cautious because I'm trying to find a way here I'm not aware of a procedure I'll know if your organs allows for that my initial review chapter 3 95 didn't state it says that the impact they shall be collected on such such currents that talked about heat the furnace or splitting of the acti whether the city has authority to do that again I have to defer and look at that come back with an answer at a later time the council and it would still raise the other issue which is if we did it for one would we then have to offer that type of finding right my next point would be could we do it in scope that wouldn't open it up to everybody and all these things let me put it through this way I you know for the reasons stated I can't do it there I personally can't do it that way because it would open us to so much trouble church but it sounds like they're just could be hope their follow-up and I'm willing to spend that time and look to help you so I will continue to do that I'm going to look at innovative creative ways there's always a different perspective in a different way and if not then my apologies but we're going to work I'm going to work it's taking counsel mccombs again I'll just lucked straight i think it's a it's a matter of fairness not a matter of if the City Council passed walls that people did not know of and in Mary we did ask you for the information last council meeting which we have not received it yet so I would appreciate maybe sending that information to us and maybe it would have been nice to have the information before tonight's meeting no problem council get it out to you but I would like to say in matter of fairness they were in the process of closing out the deal and so forth before july the 26 or 2006 that is my whole point i find it very hard to believe that we have 1700 planted Lots prior to july the 26 2007 that are on the ground and or have gone through the pansy and so forth but i will will will look at that information but i certainly think that by the i think you may if you like if you make but I think we'd like to have the information next time beforehand but again I think it's a matter of fairness and when a person is in the process we ought to tell the person what their what their do for the city and we shouldn't be changed in laws or changing the process midstream just if we didn't do it on the parks feed we didn't go back and said everybody that was played it had to pay it was from that day forward they had to pay you so thank you House makini I guess you know we went through a long long process on impact fees and first we started off I think with water rates and impact fees and all this coming together and we haven't approved of CIP but you know I don't remember specifically stating you that somewhere in there it dealt with this location and it said you know because this church wants to build in league city gee whiz we know that they're going to have these these many people using water and that sort of thing and it came up obviously this this location was being planned well before we already before we went into considering the impact fees and so how do you make that how did we make that split when we were considering impact peas did we say you know what when we're doing this study on these crfs it's gonna weave when did they start the study a year before we approved it it was a significant time because there was a long delay so I mean there was some land assumptions made would you say a year though we started this please come to the mic for records how this study is actually a culmination of a study which was in place before I came here we completed this study which is a land you study it's basically blind to what what specific properties of the beat areas it has to do with use the residential use is going to be commercial use is going to be certain cop use and each use has a certain capacity that's identified that used but but the study was was originated in the 2000 year and in the original study there he was a two-thousand-dollar any gun thing got froze because of a decision that one time they thought they might be away to see our f ed up together and then it was realized that you couldn't do away with the CRF fees because the financial impact of trying to bond everything to do without the CRF fees and then it was picked back up so this study predates again it's back down to nineteen ninety nine is when it started in the land use assumptions and what those demands and the system we're going to be at that time in between some of that we picked up some additional properties for the west side and some additional development on the east side which came in and introduce you the formulation of the numbers but the problem is if you don't if you don't collect the CRF vs an upfront fee you have to collect that dollar value somewhere and if it doesn't go there it goes into your chili your utility brain so these are tied very closely together if you don't collect crfs upfront you end up not collecting anything everything has to be calculated into your children your children right and it goes through we're so would you say year it was more than a year okay i'm at this last study oh this does he have to tie the studies last a story you have to tie the study to the fee so when I say this study I'm obviously saying the study in its current I'll recommend three years up 4024 dot yeah this disk art form is three years old that's what it's three years old 4024 off this way yeah this depth of the plan development that generated this study began three years ago the land development that does this guy what what we did land use that when did we hire the consultant the consultable zone bore excuse me let me be more specific so i can get the answer that i'm really looking for whether no matter what that answer is i'm looking for the answer to my question i guess my question is is when when we passed a study that recommended a CRF of four thousand $24 correctly that was recommended to us by a consultant that fee we paid that consultant a fee to come up with that number council agreed to go with that consultant for that time period when that would that was over three years ago so they stay that day but it's over three years so they've been doing this study for it took them three years enough we've been updating this study for three when why didn't they come up with the four thousand dollars but there had but they didn't have any changes so in the last three years they said no don't worry about a change don't worry about a change don't worry about a change and then all sudden in the last year they said come up with four thousand dollars with a land development that was created and put on the books approval of flats and properties and putt agreements is what generated this fee plus going back in having to upgrade your circa pacity and your water capacities which were not calculated in prior studies that generated the change okay when do we cook mr. Cohen's mentioned that we could collect the fees at three different times does that is that correct it is when your impact fees were adopted and when it lands play after 1987 army so obviously the fancier before 1980s okay certain scenarios obviously we're talking about after 1987 I believe correct correct okay so did we did we mention to anybody in the last three years is using mr. Murphy's terms we've been anticipating this increase in the last three years when these people came before City Council did we happen to mention to these people by the way we've spent the last three years coming up with some fees and they're going to double on you pretty quickly soon as council approves them that we mentioned it to this group here I couldn't speak to this group we have been telling developers and people came to crc at least the last two years once it was established that this was where the feed is going we have been informing these people that this feed was going to increase and we've been given on numbers that would anticipate doubling at that time which was about two thousand dollars that's total fees would be increased and we just spent them we've been telling that film bet for quite some time when I guess this was set free you know I could not tell you that we have been informing the developing community that this was coming up I know most of the developers know about it because at some point time to fully past it because they were certainly you know it's it's their bread and butter sure thank you mother thank you jack Councilwoman Sanborn feel free but and I would like to help you out but here's here's my my quandary here if we went back to the original fee for this variance here wouldn't a fair thing to do be to go back and when we learn in a database of how you enter it and everybody that plated property in all fairness should get the same thing I mean just because I don't come before council does it mean it's not fair for them because some don't know that you can come before council and request a then a lower fee before july twenty seventh so my question that i have in my mind is if again if you do for one the fair thing is to do for everybody i mean that's that's what i'm sitting up here pondering i think as long as you also take into consideration that as mr. Murphy stated then we don't have to offset that cause somehow right to the tune if you've got 1,700 plants or that have come up before then you've got to fun 1700 right 17 whatever that number turns out to be right it could be more but you've got at least 1,700 there what we yes these are 17 at least 1,700 lots or or what we would call lot of use it when you're talking in terms of the impact visas and essential to be a use and you may have a car dealership you may have a church you may have a community's a wide variety is already a lot of different businesses homes buildings Thank You councilman columns for another chimera now let it go Councilwoman sandbar i agree with you one hundred percent that it needs to be fair across the board for everybody and that's my whole point here is that when we passed the parks ordinance from two hundred dollars to a thousand we didn't go backwards and say to everybody if you're planted you're going to now 0 is 800 more dollars we went ahead and said from this day forward you're going to owe a thousand dollars per lot if you're not if you come into the city that's what I'm stating now I think I think that we should have clarified this long time ago during the CFR's might have been a little bit easier but again does the church putting impact the city that's the question and as they know because where they're at there's water lines so therefore the city is not running a 12-inch main water line out there causing the impact they're going to be paying 7,000 or 8,000 dollars to cook up to our water and pay the Capitals recovery phase so therefore they are paying their share it just happens to be right in the middle of a change from City Council thank you the motion on the floor now the motion is now closed it was originally made by Councilman Ted Nelson to deny seconded by Councilman Jim Nelson with no further debate please vote for izz councilman barber Jim Nelson Ted Nelson and Chris Anderson opposed councilman Collins kini and Phyllis Sanborn motions denied passes we now move to item number 10 be consider and possibly take action on acceptance of municipal infrastructure to serve walker street from centerpoint drops of state highway 96 in the tax increment reinvestment zone number three center point mr. move to approve councilman barbers met the motion to exclude letter counseling Jim Nelson has second at this motion is now open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item number 11 a consider take action on an ordinance amending chapter 90 of the code of ordinances of the city of League City and titled signs permitting the placement of temporary signs for promotion of participation and amateur athletic organizations Councilman Jim Nelson has made the motion to approve seconded by Councilwoman Sanborn it's not most is now open for debate hearing none please vote for is unanimous motion passes with Councilman Ted Nelson out of the room item number 12 table items subject to recall I have none 13 council members comments and report councilman columns Thank You mayor I've got to move it up tonight but I got first-inning there you go i did that just for you have breakers i just wanted to say that i hope that everybody will say a prayer tonight for sherry color who used to be a city employee for 35 years in league city she was here for the 16 years that i work for the city she was a really a trooper she she overcome many obstacles to get to work but sherry was always here and sherry really loved her work and loved this city so please keep her in your prayers tonight she did passed away this week so as an employee for 35 years I've even like to maybe in the future see if something in the finance or water line that maybe we can name something after because she was a very dedicated employee this past weekend or two weekends ago we we had the holiday in the cart parade and it was a very successful event I think staff especially parks department and Police Department for everything they did make this event very Satan and again that's all I Hitler Thank You counsel makini mayor I'd like to wish all Christians of Merry Christmas and all Jewish people a Happy Hanukkah and anybody else that's just celebrating being out of school may they all have a safe time may they focus on family and what's important in their lives thank you Mary Councilwoman Sanborn I second what mr. Keeney said thank you councilman Sanderson we don't have another city council meeting for the rush that's not so as much as you all would like to sit and listen to us before first they'll have to watch the reruns I just want to take a moment to wish everybody in the community and with the city a very merry christmas and happy holidays hope everyone has a safe holiday and take a moment to think about our members of our armed forces or overseas who can't be with their families this holiday season Thank You Councilman Jim Nelson thanking our a couple of items of the library the library will be closed saturday december twenty third through tuesday december twenty sixth and again december sunday december 31st through monday january first registration for the spring story times begin on thursday january fourth more information called the library youth services desk at 281 554 1113 I want to wish everyone a Merry Christmas and a Happy Hanukkah and I would also like to ask everyone to pray for our troops overseas that they would be given the nice people of trying to be bold in with their family and that's why I am here Thank You councilman barber take mr. Merrick want to echo everything that councilman cones just said about Sheree Koehler appreciate those comments I also would like to echo the Happy Holidays wishes for my colleagues who mentioned Christmas and Hanukkah and also like to add Kwanzaa to the list and any other holidays that we have over what tonight everybody have a joyous season and I look forward to our retreat on Friday which has goal setting and I hope that is very productive and we all get a complete this session without drawing blood that would be a good thing to do so look forward to that thank you very much thank you that concludes item 13 14 mayor's comments I just like to congratulate League City proud and all the people that worked so hard to put on the holiday in the farm parade our Police Department of Fire Department EMS everybody that participated there were thousands and thousands of kids all of whom I think got plenty of candy very happy to report they got candy we are going to have a goal setting session friday i'm looking very forward to that and other than that i just like to wish everybody a very merry christmas and a very happy holiday season we will be back with you shortly now that concludes my remarks items added after electronic agenda there are none executive session there are none items added after the executive session there are none with no further business meeting is adjourned you {00:00:51}
4th row	{00:00:28} okay good afternoon we will call the city council meeting of the league city city council regular meeting November 28 2006 at 6pm to order only now call roll Gary Schultz here Ted Nelson here Mike Walden here Tommy combs here Chris Henderson is he mailed that he is tied up in court in Houston phyllis ann born here john kini here and jim nelson era we will move to item number two invocation pledge of allegiance to the US flag and pledge allegiance to the Texas flag invocation tonight is given by pastor Jean Paul set him who is here today did I get that right almost want you correct me so next time I'll know what is it Jan said that one you can close but you're very gracious person and I knew that somehow so this would be a good time to turn off phones and pagers and we will turn it over to the good referee Lord we're mindful that although we have a meeting here and we would like our wills to be done ultimately Lord we'd like your will to be done as the psalmist says not to us not to us but to your name bring glory we thank you Lord in this season of Thanksgiving that we live in this country how rich we are and we thank you Lord for the founders of this country and for those right now who are preserving the liberties and freedoms of this country overseas we ask for you to shine your blessing on the men and women who are allowing us to have this meeting right now in freedom and in openness and for the leaders of this country Lord we ask for you to give them wisdom and great discernment for the governors and the leaders of this state the same and for this august body Lord we ask the same wisdom and your discernment tonight Lord we'd ask that you would be here in a very real way allowing your will to be done so many of us Lord think that our will is best but we can't see the future as you can Lord we would ask then that your will would be done pray that you'd use these men and these women here tonight so that your goodwill would be our future it's in your name we pray amen missions to the life of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all online Jack supplied I pledge allegiance to the Texas one and indivisible alright we will now move to item number three approval of minutes we have October 24th regular meeting which improve their October 25th workshop and November first workshop second motion to approve by Councilman Ted Nelson seconded by the Councilwoman for the Sanborn all in favor okay now they're so approved we don't usually vote on those actually will we test them before the meeting and they did work so hopefully we will be typing tonight with no changes to the meetings they are approved item number for appointments proclamations presentations in a war consider and take action on appointments to boards and commissions the way the staff had listed this there are numerous of these appointments all of these or and I was told this is very clear in your packets they are all reappointments short of two new appointments which were vacancies Mara move to approve Council McCombs has made the motion to approve also going to counseling Jim Nelson second of that motion and it is now open for debate hearing them please vote or is unanimous motion passes with Councilman Samuelsson out and that will be the only time i'll record that unless he shows up item number 4 b presentation by mr. Scott beam with halls Hill caldron LLP on the proposed expansion of Tours number two victory lakes good evening my name is David Hosanna I was going to say that David you're not Scott I'm not Scott city of Houston Texas I'm the zone administrator for the taxi from this anonymity known as victory lakes tours you have an item on your agenda since at a public hearing day on December the 12 if you thought you prude you kind of just briefly give you a presentation a free presentation so you could just be aware this is about the board meadow nutters board mountain october 25th you really consider to bring forward send for City Council recommendations from the bars the reinvestment zone on number two to extend the area across from 646 in that triangular corner 646 945 in order to do this city council is required to hold a public hearing on the advisement of to redo the project plan finance plan and then consider an ordinance to actually enlarge the zone let me just make a few points here the purpose of the enlargement is to deal with the high costs related to development that property what we have here is mostly mobility and attention issues Walter would be extended from six continue to be extended from 646 to i-45 the developers on the property or not don't really need Walter to serve their development as they front 646 945 but of course we we the city and the terrors would certainly I think as all of us would want to see 646 coming a walker extended I 45 to complete at that road also there's a need to relocate the text our drainage on-site TxDOT there's actually a text us ranged easement through the property and that needs to be relocated and dealt with in order to develop that property otherwise appropriate be developed traditionally also the developers are proposing to do vertical wall detention which makes the cost a bit more but gives the ability to have more retail and more development take place so I think that's important to the city also of course the been made major components of this is our the super target and a home depot depending on you again let me just reiterate the project costs would only be seven million dollars related to this property that only relates to walk or related the tension as I mentioned before some de sel acceleration lanes on i-45 and offering a redo of off-ramp configurations on i-45 and so which all this is a benefit to the city the benefits more I think we should probably more interested in is the fiscal impact to the city and that is the standpoint that we we model this as your consultant we modeled this using two hundred and fifty dollars a foot gross foot on the retail space to calculate the sales tax the national average for these types of retail development centers is 270 regionally it's about 300 to 325 we think it's impaired to continue to position ourselves and contain the sales tax in this area instead of shipping it up to Webster so we see this as a opportunity to make sure that takes place on this property but we've modeled this there's only 18 years left in which doing this would not extend the left leg for the term of the charge the charge Henson 2024 no matter what so we're only talking about the time between now and 2020 for but you would based on the seven million dollar cause we're talking about over the term deters an additional fifty four million dollars in city revenues from sales tax and hot tax which we think is significant one of things we've talked had long discussions with developer about when they made the proposal and doing our due diligence on the behalf of the city deters was the fact that what do we like it or not we certainly found this out with with Cabela's and others and peril ends down and out with bass pro in order to get a super target in or a home depot their part of the deal unless they get the land given to them or you built building they're not coming they can go anywhere else to get that deal so the developers are having to compete regionally for these types of markets and differently elkin they don't need walker but we want walker then it makes it very owners for them to make that deal work economically so our standpoint is we give Walter extended we get detention we killed the text odd issues and we make the we do mobility improvements in the area so to bottom line according to our estimates the revenue schedule contained in the plan amendment the study would be considering that the public hearing is we could be giving up roughly three hundred fifty thousand dollars annually in ad valorem value-add valorem revenue in turn would be gained three million dollars annually for sales tax and we think that's a big plus for the city that's my my report of the terms or did bugging annesley to send this forward to the City Council for consideration they feel like it so it's really important to the city of League City that has this type of development occur I will stick States stand here before he has your consultant since 1999 and some of you were on the council at a time weren't mayor or I think you're only one left i think that's on the council that time i predicted I predicted that that if we did this project we knew that the roof toss would have to come first but that the retail would follow and an office development would follow and the other types of commercial development follow and has come on quicker than we really even expect it and it's coming on a higher value and a sales tax will come in at a higher value than what we had projected so I think it's really a good win for the sea and given the fact that you have the one-cent sales tax I mean they have cent sales tax for property tax reduction I think this bodes well for the city in the future that you can have continued to have further property tax reduction for this type of sales tax revenue and I really believe that once we finish up the new quote if you do this we can assist Stefan what's going on across the street in that corner probably just even in the tours itself will represent close to forty percent of the total city's total sales tax revenue which i think is a was much better than what we expected so that's my quick report obviously would likely a vote of the consent agenda set the public hearing will have a more full discussion about the plan and everything else the more than have to answer the questions any questions from anybody right now okay Dave you have the turfs board I thank you now move to item number five public hearing and action items from public hearing 5 a hold a public hearing on special use permit application number HUP 06 dash 08 crown castle coat location for an issue p on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower NPS legally described as a sub as a surface track 73 of the stephen f austin survey generally located north of west walker street and west of state highway 3 with the approximate address being 600 west walker street does anybody they'd like to speak to this item please come to the podium now we will open the public hearing at 612 seeing nobody we will close this public hearing at 613 and move to item number 5 be considering take action on ordinance amending ordinance number 200 524 for a special use permit on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower and p.s legally described as a surface track 73 of the surface of the stephen f austin survey generally located north of west water street and west of state highway through with the approximate address being 600 west walker street mayor luke to approve with conditions that landscaping is not required at this site councilman Cohen's has made the motion to approve with conditional upon landscaping not being required at this site Councilman Jim Nelson a second of this motion is now open for discussion councilman tad messy was the staffs recommendation based on the land statement the landscaping anything to do with it to the river I'm addressing this to the Stanford mendation and P and Z's approval included landscaping around the proposed cabinet and to obtain all require permits for building permits for installation what is uh mr. Collins's motion of taking out the landscaping actually do very firmly your recommendation on this sheet is no rig no landscaping required it's a city city facility correct the staff recommendation on the staff report is a minimum provide landscape and around the proposed cabinet is that different than what's on the data sheet on the data sheet it states here that subject to the condition of the landscape requirement not apply to this site the point of a machine how long katharine barbour i think is the second there's a no discrepancies between big one here okay the data sheet actually includes what p + z approved and the staff reporters with staff recommended okay thank you and with that said what is the staff recommending a stanford island it landscaping poz did not approve landscape yes are you recommending so that your colleges motion is contrary to what you're recommending actually is contrary to the staff recommendation but not to the pn z recommended understand thank you so much i appreciate council Jim Nelson oh it's my understanding there is no landscape in there now why why would we require landscaping on city property when there is no landscape that has been our processing procedure every time that a cell tower comes in p + Z usually would want landscape and around its staff went with that notion that they would want landscaping at this time yeah but it's a it's an existing tower it's been there for years we understand that sir it's a pleasure of counsel if you want to go with the landscaping staff recommended or with the P&G recommendation council McCombs again married lonely come after this is that it's the city of our own tower it's been there for at least 20 years I have no problem with putting landscaping but I don't think we need to put it on on their requirements of cram castle the city wants to put landscaping then I think we probably need to come up with a plan in one of our CIP zor or not but this is a city-owned meet at we're not there just leasing leasing this space on this tower itself so that's moment you sir okay thank you councilman Elsa who would pay for the landscape and they would correct council approve the recommendation of staff that this site would be landscaped with the tower then crown counsel will put it in if council does not approve that and council wants the city to put that in then city would come to counsel for some funding for that crown counsel is the ones asking us to do this right they're asking to co-locate on this tower yes sir it's great well I want to thank you all for trying to make big city prettier places wake up and motion on the floor is councilman colleges to approve with pnc recommendation of no Lance without landscaping seconded by Councilman Jim Nelson with no further discussion please vote for counseling barber cones Keaney Jim Nelson and Phyllis Sanborn oppose council Ted Nelson motion passes item 5c hold a public hearing on zoning change application z06 dash 22 South Shore day school to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 does anybody like to speak to that issue please come to the podium is open this public hearing at 618 and state your name for the record my name is Diane nail I'm the applicant for the rezoning request is it possible for me to approach with information yes ma'am I don't know what you have from the staff I think we probably have some okay just a little bit of information about me i am diane neal as i said i have been a childcare business owner and director for more than 15 years my first school was built in sugarland when it was developing much the same as the new development in league city that we're now looking at i have also an existing school in league city on 518 right across from the Clear Creek School System buildings both of my schools have been rated as planned three schools by the Texas licensing agency that is comparable to a five-star rating when you're looking at hotels we have an excellent relationship with the state we want to build in that area obviously because of all of the growth the growth there is state of the art and so we are planning a state-of-the-art facility our architect has designed a building that resembles our will resemble the tuscan lakes community center finished with stucco and stone it will be surrounded with the not only playground and the necessary amenities but landscaping and trees will be an asset for lead city because of the we knew that we will bring in it will be compatible with the area will bring high-quality child care and a very high quality preschool education program to the to the people in the area I have a number of families in my current school who are in the process of moving to that area and some have already moved and are eager to see us there there is no childcare actually existing in that immediate area there is a need for childcare along that route 96 and 646 out to i-45 I had with me before the pn z meeting gentlemen Greg crew thirds who is a father of two of my students he is the purchasing agent for Clear Creek schools and he spoke to the research that has been done the demographics and the extreme growth expected in that area and the immediate need for child care most of those families now are having to backtrack and drive into league city to the 518 area where I am currently located for child care we're planning an 8,000 square foot building with a capacity for 150 children some of our children will come from the same family so it's not going to be a high traffic business we will expect approximately a hundred and twenty to a hundred and twenty five families to come go during the drop-off and pickup hours with a few visitors through the day we have included in our packet some recommendation letters there is a letter in that packet from the adjacent property owner we are hoping in the future to purchase her property as well she is not at this time ready to sell she is is selling us part of her property and retaining the final four lives the staff recommendation was negative in that they would have preferred that we come with a rezoning request for the entire block and believe me we work for about six months on trying to do that but the property owner was just not ready at this time and we needed to move on so we're here with a request for eight of the of the 12 bucks do you have any questions for me oh there is a there the letter that I'm referring to is from her and she is very supportive of the project obviously because she is selling us a portion of her property she has an objection she just is not ready to to sell or to rezone herself at this time but she has indicated that in the future when she finds a suitable relocation spot that there would be an opportunity for us to buy at that time in which case we will be back before you with another rezoning request and I know from my understanding I mean we certainly welcome this type of business in lake city and pn z recommended approval staff recommended denial and from what i understand there's just some question as staffs mind as to whether or not there is adequate room is that correct mary is that the issue that we discussed that is the issue that staff discuss the from the site plan that was presented although we understand that this is not an official site plan that that you had there before you it doesn't appear that this site will be able to meet all of the development standards and requirements we just wanted to bring that to the attention of the applicant enter the attention of the council that it could be possible that with this rezoning and only zoning this portion of the block that some variances may be needed and we would like to see this develop without any variances is what we're asking at this time that if council is considering this zoning application that we still try to hold firm with all of the development standards that are in place if that air at that site and those were the other concerns our staff at the time that the recommendation was made and of course the issue of the spot zoning which we always like to bring to your attention whenever your zone in an area that doesn't have this particular just district adjacent to it and we always visit with the city attorney on those type of issues how is it that p and Z and staff see this this item differently because staff looks at it from a purely a land use perspective in terms of all of the outcomes and the ends of the product and pnc definitely looked at it from the standpoint of being a very suitable location for neighborhood commercial which staff does not disagree that it is a suitable location for neighborhood commercial we would just like to see the entire block rezone at this time to get away from the spot zoning issue rubber apartments are you going to stare have a problem history because they I'm sorry go ahead and marry it's open for debate now fellas it's because of the adjacent track being left the single family residential the ordinance would require some buffering between the daycare development and that single-family zoning district and meeting that buffer requirement the land statement requirements of parking requirements all issues that we wanted the applicant to be aware of and this particular site plan is showing shows the driveway coming off of Kentucky street I know the applicant mentioned that there traffic would not be that extensive but we will not be looking to support putting that type of traffic on a residential street so those are some types of issues that we wanted to make sure that are out there for consideration math stick to that when we had the site plan drawing it was very early on as a matter of fact we actually had two site plans are on one for the entire block which we hoped we would be coming with and when we learned finally that we would not be able to acquire those final four Lots we came with the second the plan B site plan so those were drawn very early on and really in an effort to see what we would like to put on that property it is certainly not final our contractor and architects as well as owners are interested in working with the city to meet any requirements that that you might have for us we are aware that the buffer zone would have to be a little bit wider than it would have had than the front requirement would have been had we not been adjacent to residential but we I have been assured that we do have the property to meet your requirements and I would like to assure you tonight that we will do that Cass McCombs think near miss chambers I have a couple questions for you manager stay up there and make everything I recommend to the south of what is it zoned I don't have a data sheet on my computer showing the zoning there's a shout that zone general commercial undeveloped single-family residential and sage street okay so you've got general commercial to the south and you have residential two adjacent to it okay how do you call this spot zoning because I thought because the the shift worker I thought with the spot zoning with it being a neighborhood commercial head back up to residential neighborhood commercial could back up to general commercial the spot zoning issue is due to the fact that this this is an is mid block councilman and I right adjacent to it is in single-family residential and it's all one block that's why we referred to as being spot zoning if it was a separate block it would not necessarily be as animals as it is obvious to staff rather as it is now that it is all one block and so you're taking a portion of one block and zone in it right but the given block is is not under the same ownership so well it is currently I think this person is purchasing it from the road so what we're doing is creating a situation right now it is currently under one ownership it's a purchase for the purpose of building the school is what i understand but when she purchased the property it's not going to be under all right she will be purchasing you over the other three session okay but that is our only concern is that issue that it is mid-block we do not dispute the fact that it would be a great location for neighborhood commercial we would just really like to see the entire block and just to point out the fact that if council does support the reason for this tonight and the applicant is not able to develop the track and neat variances it's going to put staff in a position where we'll be recommending against the variance is because there's no hardship because it's being self imposed with the rezoning okay besides the issues that you talked about on the set back in the driveway issue going out onto kentucky street what other issues that you have that may require variance at this time but I can't say since this is not an official site plan is being submitted we would really need to see the official site plan before we can say that we only brought those items out so that the applicant would be aware that those are some concerns that we have when when we do issues like this and resume the portion of the property with the development standards that we know exists as far as the buffer between the residential and the commercial that the landscaping the parking and all those other issues that are involved in the development the building is she may meet that because you don't see the total package though that's correct we just wanted to bring it to her attention that those are some items that we would be concerned Thank You councilman barber like mr. mayor first of all thank you not only for your coming for us to talk to us but also for bringing potentially bring another quality business like this I really like it and I I definitely want to lend my support but in doing so I want to thank you exhaust I want to make sure I don't do the wrong for the right reason so let me ask just a couple of quick questions now Mary and you bring out the possibility of sponsoring is that out of an abundance of caution through the fact that someone somewhere may interpret it that way any time we think that that issue is is out there we want to make sure the council is aware of it yes it is caution on our part and as far as something that council person on Sam born and I discuss it we've done some issues like this before in league city but we always as a staff want to make sure that we give you our professional opinion on it so you're aware of it now question for either you or Arnold in a situation that would be bringing forward whether or not this is would there be an aggrieved nearby landowner in this case the person who seems out opposed to this right now but who would be aggrieved by this that would bring the soup forward as an issue if it were spots them generally speaking the person who has the appropriate standing to be arguing that would be a contiguous property okay and so I think I feel much more comfortable knowing that there since they're not opposed to this the only thing that they didn't want to do is themselves as for the same zoning request right otherwise right so in other words I think I'm will not really a whole lot of risk care that's my feeling okay and this track does a join a road right of way that is not felt on the other side of that right of way is the corner block at the corner of 270 and 646 so I'm not really clear about the reference to a red block tract because it really it really adjoins the general commercial at that's like you got on the sample I am just a couple of questions most of my questions have been answered already but looking at the site map and the pitcher does the front of the building facing Kentucky or does it face to 70 that Barnes 270 the front face is very handsome so the back face backs up to Kentucky how close is the daycare going to be to the homes that I see between right next to each strawberry Mary do you see that and are they today's going to be difficult to say since this is not their official site plan so until they actually submit an official site plan we're probably just going to be speculating on those type of issues we just as a staff wanted Council to be aware that there may be some of those type of concerns and for the applicant to be knowledgeable of it as they submit their official status such a confident that that will meet the requirements for the buffer area to the homes that your site for yes our plan is for the building and of course well this will need to be approved by League City but our plan is for the building to be somewhat centered on the property and there will be play area and landscaped area in the back between the building and Kentucky and then in front between the building and 270 will be additional landscaping and a circular drive okay because with the children after school when they get out in and do their playing I wanted to make sure that if that there was the proper buffer zone with the homes that the back of the daycare was going to be facing right and and it will be fenced appropriately fancy right but there I have a daycare close to my house three thousand so I that they can be just a little bit playful in the afternoon I hear you and does it put us at risk with other businesses not necessarily on 270 Mary but in other areas throughout town where citizens can come and and use this as an example approval of an area well I think anytime council is making decisions on zoning issues you're going to have that possibility so that that's one reason why we like to make sure you're aware of all the issues of staff knows about Thank you Thank You Man Thank You councilman Nelson Mary what is the setback if it's a proof for CN yes it depends on how they situate the building I'm going to say but somewhat roughly situated like they have in their proposed site plan what would be there soon back off of lot 5 and 11 let me say 50 feet of 2530 it's going to be 33 DM and those Lots are only 65 feet wide looks like if that was it was just really depend on how how she's going to scale her building she may have to scale it down some and some of those other issues that she may have to deal with there's a chance she won't be able to cross half that lot I mean just going to cause because I understand what you're saying right if we approve today we might as well start a clothing variances right off the bat of the propeller actually the very system adobe to the Zoning Board of Adjustment I was being sarcastic oh sorry but as I stated before staff does not great this is there what you're on I agree with you thank you very much there is absolutely no sarcasm to display and neatly Council comes you have a total of twelve lots correct is that what is there to 12 blocks on the block we have purchased eight okay there are four additional would you consider maybe moving the parking or not having the parking in back yup is that an option for you everything is an option we as I said we really were making an effort to draw i plan to see what what might fit on that brought you mrs. but it is not set in stone of course and any necessary changes that we need to make we would be very cooperative Thank You counsel mckean mayor I just like to ask you to encourage stamp to have the minutes from the peon center eating available to council not the entire minutes but on any item where p NZ voted against staffs recommendation because it certainly can give me a better perspective of what went on during the p + Z meeting as well just mentioned people were in the bnz meeting and talk to the pn z meeting that we're not hearing tonight and so it just limits our ability to make decision I don't want to see all the minutes never do want to see all the minutes but just on these items where P NZ has gone voted against the recommendations of staff I think that's a reasonable request how would you like that in your packet electronically on email electronically the lake for each other packet okay email okay so Chris in the future if you guys would be more cognizant of where staff and so that I'm clear we're staff makes a different recommendation in PG we want to see the minutes of the pn z recommendations that correct yes well i think that's a regional recommendation i have one comment if i might you might Mark Lennon Schmidt is the gentleman that I worked with with the city and I noticed on the agenda that state staff recommends denial as presented and Mark explained to me that what that means is that it was presented as a request for a portion of the block and my understanding from mr. Lennon Schmidt was that that was basically their only real concern is that it was a spot zoning as opposed to a request for the whole block okay well well in and in the staff meeting what I was told it's just they're just concerns it's just like Mary articulated that you know and I want to say before we go because we're going to close this public hearing then we'll move to the vote I like this type of business I'm hopeful that you that you get your variance tonight at the same time I want to commend staff so that if it does in fact pass and you do come back that staff will be able to say we made a recommendation a certain time now we're being asked for variances as long as I just I think it's good that they're communicating with us and letting us know if you want to grant a variance great but there may be future variances so I appreciate your time to now councilman Cohen mayor just like to make a note of what you said I agree with you but your coloring of variance tonight no officer not a variant right this is a public hearing actually well I'm machine but this is not a variance is just a zoning change erotic that very clear we're not personal don't know that's true appearance tonight here I just looking at zoning issue thank you okay thank you very much is there anybody else that wants to speak to this issue I'm include for the record my name is James Malone and amazing coming before you on behalf of Shaffer Country Day School a wife Melissa and I have currently has a daughter Makenna Joe at a tense after country day school and should be three years old in January and she's been there since it's a kind of weeks old and I've learned better to come explain how we really feel about it we've been very blessed very fortunate to have school at Sunday school and we have been a resident here for 15 years and i really feel very fortunate very blessed the half earlier have a great Bertram not only just a day care which is school I teach the kids right now she'll be three years old in January she already saying her ABC's accounts and she's already had a lot of schools a lot of kids that we going to school at her age koenig orchestrate and we also having to be one of the residents that will be going to escalate my wife and I carnival in the home an testing like so it definitely a benefit of knowing for us but it's silly city there's not really a good quality day care or early one at all in that side of town she stated that till we currently will be driving across over 5 18 came back over but the life tonight a 95 every morning so definitely right on our way out and one thing that came across a big meeting was that right it's not going to be a full-scale all the Lots from one thing that did come out it was a good point i want Lee springy before you as well is that it's not like they're coming for you with a high traffic like it stop and go or a convenience store well there will be a lot of traffic coming on Kentucky or be a lot of into something got into that neighborhood so there will be a very beneficial to city as well as a lot of families and kids as well thank you thank you anybody else I'd like to speak to this issue singing now we will close this public for you vicinity that you're speaking of he's like signal and I would like to just make me ask some questions if I missed the meeting on november six for you always was discussing this particular topic of the rezoning on Oklahoma street I live on a corner of context-free nexus with a vacant lot which I think you're speaking of that and we're wondering about the rezoning that you plan to do in that area we are now residential and the wondering if we're going to be put into a commercial site here in the corner Kentucky and Oklahoma yes my address is three double three I think mary has an answer no the only reason that we sent you the notice is because you're within the 500 feet radius of the rezoning application that council is getting ready to take action on your property is not being razon dat this time okay you're the only person it's currently you can apply for rezoning on your property okay thank you that would be considering our church yes they'd have to do that you would have to file the application on your own behalf okay thank you you up thank you know anybody else seeing no we will close this public hearing at 644 and move to 5d consider and take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 we are moved to approve the rezoning chemicals like calcium cones has been motionless on executive by Councilman Jim Nelson site um is now open for discussion hearing none please vote four is unanimous motion passes remove the item 5e held a public hearing to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering land we will over this public hearing at 6 45 anybody like to speak to this please come to the podium seeing none we will close this public hearing at 6 45 and move to item 5 F consider take action on orders to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering lane the commerci 23 so Councilwoman Sanborn has made the motion to approve seconded by Councilman Tommy Collins this item is now open for discussion hearing none please vote for is unanimous motion passes now move to item number 6 you're already cutting them off getting in the hanging started that's a warning item number 6 citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residence persons having an ownership interest in property or a business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor members the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused milliner slander any individual shall be cause for termination of time privileges and expulsion from council chambers and the first citizen is pastor Edwin I'm sorry amber bamberg thank you very much sir okay mayor shelton city council members as a stated my name is faster Edwin van Berg and my number one reason for being here tonight is that you strongly and seriously consider reducing the capital recovery fees and the service connection fees so that we can proceed with constructing our church this has been a two-year process for us we ran into some serious architectural problems where we had to change the footprint of our building we do have approved site plans they did May seventeenth of 2005 we run into a number of setbacks we were prepared to pay the amount for the permit so that we can move forward with our project however the amount that we were asking to pay to pay is thirty two thousand seven hundred eighty six dollars we were prepared to pay fifteen thousand two hundred seventy two dollars so that amount almost doubled which is preventing us from moving forward with our construction project so we ask that you would seriously consider reducing that amount from the thirty two thousand seven hundred eighty six dollars to the fifteen thousand two hundred seventy two dollars so that we can move forward with our project we have a steel that's going to be delivered on December than 15 and the amount of two hundred fifty two thousand dollars unless we can get the permit we will not be able to draw down on the loan that we have to pay prospect so it's a it's really impacting our progress impacting what we're trying to do with our church so we ask that you seriously consider that thank you very much thank you Pastor galeen wenzels good evening mayor Schultz and council my name is Galen wenzel and i live at 1300 coryell the corner of coryell and Landrum which would be the east side of the butler museum and we have endured construction noise since this whole thing has started everything from the parking lot being scraped clean cement trucks being up of backing of every kind machinist heavy equipment there is everything from bulldozers the backhoes to cement and dump trucks have come up and down Landrum which is a very narrow street and the side of our house is approximately 75 feet from the new staging area that's been put on that side of the museum we never complain because when you near being into it and we know that progress means noise and all of that but we felt like most of it is done the parks part is evidently mostly done but the noise ordinance was never explained to the contractors we actually had everything starting in the morning with the heavy equipment and the dinging at six o'clock and when the elevator was being put in and constructed we actually had people over there working 24 hours a day all through the night to dinging all through the night the banging and the climate and we never made one one request of the police department we just indoors I would appreciate it if someone would communicate through your department heads or however you choose to do it to communicate with the contractors that there is an ordinance there is a noise ordinance in the city and that it does need to be a because we are you are into the museum in a residential area zoned residential I can't put a business in there and I can't live in the commercial property that we have on Main Street next to live up to the donut shop so the museum coming in and doing that kind of thing is really really hard for us to abide landrum streets been torn up asphalt's been broken off the sides it now has a drop-off across the street from our driveway of approximately six to eight inches and that may not seem like much to most of you but we have a 36-foot RV that we have to pull in and out of there and that has been the margin of error because now trying to make a wide turn and come in or trying to make the wide turn and come out as put our truck into a bind and it's almost allowed the fifth wheel to come down on the back end of the truck because it's so uneven so we really would appreciate it if you would send someone out there to talk to us about doing something about repairing at least that section and that would be there where the little of em'll it is next to the utility pole weather buddy the brush has been cut down and people have been coming in and now they're to do construction with the heavy equipment I'm not going to complain about the amplification the noise for your big deal weekend before Lana because I know that was probably a great thing and we know that's what the museum is all about but we would appreciate it if you realize that we are residential there and that anything is time that that anything that's done in that residential area next to our house is really really difficult for us to live with on weekends or during the week I'm almost through the trucks coming in and now that opening on Landrum Avenue unloading getting things ready for the party etc cause lights to flash on our bedroom and threw our windows and they'd parked on land which is very narrow and we couldn't really get in very well with our truck and out with our truck just on a daily basis backing in and out of there our concerns will be to the fact that we are residential in that area and whatever impacts the museum on the outside of it on that will impact us directly and I've been hearing some really good things tonight it made me feel really hopeful and positive as far as your sensitivity to some of these buffer zones for commercial versus residential and so I really feel that I have found a friend and Councilman layer I hope it sounded very positive to me and I'm happy about that I would appreciate it if you would make sure that anyone who utilizes the outdoor facilities should be sensitive to the surrounding residence I would also appreciate being notified the museum is put on the agenda so that I might have some communication and feedback this is very difficult just to put information out not get feedback and I know it's a state law thank you for your talking to you very much kaylyn and Chris our city administrator I will send someone out tomorrow or in the next few days to look at your situation I have spoken to about five to seven people including your city secretary yesterday or day before and I really haven't found a person who is going to make a decision on who handles what but I didn't make that young wru it's nice to me it's good I really appreciate that it's been a play may not handle it but he'll make the decision that's all that matters as long as somebody's going to make a decision right yeah thank you so much every time thank you our next citizen is Miss Peggy zahler mayor council staff my name is Peggy sailor and I recited 1802 rampart into every village I'd like to address the gender item 10a I attended the city council meeting where Miss chambers brought forward her plan for the changes in the development fees I attended the workshop and I also attended the city council meeting the last City Council meeting and I will tell you if this was Mary's idea to come forward and try to be sure that whatever business we conduct that at least we cover our costs I publicly applaud her because I think that's really important when I saw the chart I really thought it was a no-brainer from a taxpayer standpoint I thought whoever does business in League City whoever comes forward at least let them pay their way working in contracts I know that periodically there have to be incentives provided I understand that but but I do look at the monumental growth that we had in league city and I wonder why as a taxpayer I would be asked to subsidize a for-profit business it doesn't make sense to me and so I listen to the questions that were asked and I can understand the concerns about the significant increases in the fees but that's what happens when we don't have process in place and we're monitoring the cost impact of how we're doing business so as a taxpayer I personally don't care if it's a three hundred percent increase because that says for many years we the taxpayers have been subsidizing activities in the city and I'd like for it to stop and I would like to ask you that as you deliberate perhaps you set a goal that if we're looking at addressing the issue of fees then let's set it to where we're not asking the taxpayers to subsidize businesses the only other comment I want to make is where we're looking at possibly entertaining the idea of grandfathering businesses in I would say from a taxpayer standpoint unless you have something in writing that says when these businesses or developers came in that the fees that we're in place then are frozen for whatever phase the development is going to follow on and the no that's the cost of doing business that's real life you know things change it's tough out there but I would hate to think because something happened a couple of years ago there's no legal obligation as I understand it that we have to freeze those fees then don't ask me to continue to pay for that it's really not fair so thank you very much Mary coming forward I hope that as you deliberate and keep the taxpayer in the forefront of your mind thank you k our next citizen is Miss Joanna sharp hello mayor and council I am the president of the butler donor museum board and have been almost since its inception and I have to apologize to the windows because they've been very patient we on the board know that ever since the inception they've been worried about the increased traffic over there and I can vouch for city people who have worked hard trying to place the parking lots and divert some of that noise in putting those things in place so we are listening we have been listening and I was there of course all day on saturday the 18 it didn't seem extremely noisy to me they had music for spread answers but there was a big traffic problem i'm told parking was not big enough for the traffic that was pulled in for this event so that's something that remains in the future to be dealt with and i want to say that all the beautiful land around the house is public park funded by Texas Parks and Wildlife and will be operated according to regular park rules I'm sure so maybe that will give our all the confidence about the noise most of the noisy construction is just about done so thank you for having the opportunity to talk tonight always opponent and Diane and James had already spoken so that can they let the lake in here to be on the sunday please okay why don't you come up and get your three minutes actually the bill stuffed bell pepper night if the kids home and I'll stop it out there so I could leave that early heading each of you a photograph and smokey guess when it's time is officially running now so tell me what my time starts ok it start ok good evening on bellaire on boat council members i'm leonard crews i live in 1904 claiborne drive here in each city then there are 36 years i have 38 years old to get in league city i realize there are many more pressing matters that the council is facing these days however it's always a good time to protect the health safety and welfare of our citizens of those who come into our community now's the time for amendment of the city smoking artist apprentice smoking in all restaurants workplaces in other enclosed spaces that subject persons to the effects of second-hand smoke earlier this month was the American Cancer Society's great American spoke in his Dear Abby pointed out in her column she pointed out in her call that the US Surgeon General issued the first report in 20 years on the health effects of involuntary exposure to secondhand smoke in which it was related the children and adults who do not spoke in are exposed to secondhand smoke suffer premature death and disease exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary artery disease and lung cancer children exposed to secondhand smoke are at an increased risk or sudden infant death syndrome syndrome acute respiratory infections ear problems in more severe asthma as well as respiratory symptoms and slower leg room scientific evidence indicates that there is no safe level a secondhand smoke an estimated 126 million Americans both children and adults artists are exposed to secondhand smoke in their homes and workplaces in spite of substantial progress in topography tobacco control and eliminating smoking in indoor spaces totally protects non-smoking eliminating smoking in indoor spaces fully protects non-smokers from exposure to secondhand smoke separating smokers from you might have I been at nah go ahead for secondhand separating men smokers from non-smokers cleaning their in ventilating buildings does not eliminate the exposure of non smoker to secondhand smoke Terry Foley of Kelly's and Steve Brenda mr. Bob dog standard desire so the council amend the smoking ordinance so that the prohibition will be universal with each city of brother that each of them unilaterally imposing such policy in their venues they being conscientious about the effects of secondhand smoke but having concerned about the effect of such on their business if all such venues in which city do not voluntarily follow their policy if they alone were to prohibit any smoking in their venues well I did not visit it personally while it was there the recent exhibit body works at the yeast amuse iam of Natural Science included a set of human loads that at one time belong to this motor I did see the color photograph that appeared in The Chronicle these shriveled up lungs were monochromatic that is they were lacking in color other than and we're obviously like charcoal instead of the bright brilliant red color that one would find in a healthy set of lungs my roommate when we were seniors at Texas A&M recently underwent removal of his right lung as a result of years of smoking employee quick two years ago he is post-surgery seven weeks now but making progress in his recovery but in recent follow-up visit it was determined that he now has malignant lumps on his back that interfaced with the right lung the result of vesta sizing of the cancer from the lumber Portman's removed now he is having to undergo radiation and chemotherapy for that condition with the prognosis being somewhat uncertain at this time you always your positions of responsibility to the citizens of this community and those who visit from other communities can save lives and prevent disease by the amendment of the smoky artists that the other municipality is throughout the county have done including several year in Gallatin County and prohibiting smoking altogether in restaurants in workplaces and other venues where people get or indoors don't you know what a grand feeling that you will experience in playing a part in protecting the health of other folks and for benefit of those in the audience business mokey Mokey's another try to cut down myself in conclusion then I ask all of the citizens who are viewing this on channel 16 to email telephone fax or however you can too unless the support of council to amend the smoking ordinance as I have outland and I thank you very much for your time and consideration and allowed me to rectify the only monster today all right thank you very much better okay that concludes item number six we will now move to item number seven which is against the acerbic you to third like to spend the rules and loop of item / 13 please councilman jim Nelson's made a motion to suspend the rules and move item number how 1300 second / accountable we can't counseling Keaney a second to that motion notice that there's no debate on that but we'll discuss it at the retreat so Nelson Councilman Jim Nelson has made the motion to suspend the rules that move it up and counseling keenya second at that motion and now please vote for councilman barber cones Keaney and Phyllis Sanborn if I was councilman Ted Nelson right now moved out of number 13 councilmember comments in report Councilman Jim Nelson well yes mayor thank you very much first of all I talked about the seniors dance marna the senior dance be held at the Civic Center at 7pm everyone is invited it's a wonderful time to get out and dance you don't have to be a senior to come second thing I like to talk about is the memorial out at our sportsplex like to thank again chief daniel for its splendid work getting that memorial to us let me tell you this it's a it's a it's a much more expensive more memorial than what we actually paid for it and we really made out real well anybody that hasn't been out to the sportsplex i would recommend that you go out and take a look at the memorial or artists are absolutely gorgeous next thing is the library happenings the hell of all library we're going to have an open house please join the staff library board and Friends of the Helen hall library at the annual holiday open house Thursday November 30th that's this coming thursday at four thirty p.m. until 630pm Santa will arrive at five fifteen PM lighting the tree ceremony will take place at the tree in front of elet hall library on November 30th also at 630pm lighting of the tree is co-sponsored by the League City Parks and Recreation Department and the Knights of Columbus number 93 m special guest apparently made by Santa Claus and music provided by the league city elementary school choir so one out enjoy yourself that's all I ever Thank You councilman Barbara Thank You mr. mayor um some of the people that I would have liked to made some comments too i think i've already exited but let me just say a few things first of all if anybody can help figure out a solution to the CRF issue with the church without putting us at the same type of risk that we just discussed that the previous meeting i really love to hear it i think that's a really sincere hardship that they're facing another thing is the the story about the construction that that was going on at 6am and I don't really need to speak specifically to that site species she's not here anymore but in general somebody's breaking the noise ordinance please any citizen that knows about that let us know one morning I happen to wake up around six a.m. and my entire house was flooded with light I had walker street built right next to my house something I knew was going to happen and just like she talked about I felt like that's progress and we you know you'll deal with it for a small amount of time but at 6am the lights for the house and there's a lot of noise out and I made a call to our at the time our public works director is no one with the city and it was the last time it ever had and so we'll get these things taken care of that's my point and so please let us know and I think that that's the only thing else I wanted to address at this time I appreciate the comments of everybody including you for taking your your time at the podium to help us understand things from your parts of you Thanks Thank You councilman cold I think I got it figured out tonight every time mr. Nelson calls for the council meeting or the comments to be lived up he gets to go first i was like i could go past the bottom i think i'm gonna try that next time I I just figured that one out but on a better note here I wanted to remind everyone you should have received one of these in the mail or in the newspaper rather a holiday in the park coming this weekend December the second and third of the festival is really going to be a really nice festival we estimate probably 20 to 25 thousand individuals coming out to the parade itself parade starts at six thirty at the krogers on 270 and Main Street and we we hope to have everyone there council members and layer and so forth in the parade we understand this year we are throwing candy so that's a good thing I talked to Chris mr. Reid here this past week and and candy will be thrown from the floats we are asked in on a safety note that if you are throwing candy from a float that it be adults only not children for the simple fact we want to try to get the candy back into the crowd and keep this a safe event but just wanted to remind you December the second and third the festival holiday in the park you can go to holiday in the park org for more information Thank you Thank You calcium kini mayor the only comment I have is again keeping with the holiday themed festival under the trees is South Shore arbor Friday night they can contact interfaith carrying ministry for tickets that's it mayor Thank You Councilwoman Sanborn our echo council member Barbara and reference to the RF with the church hopefully we can work with them and see if we can get see what we can do to help them along with their church also I appreciate the windows wenzels patients with the construction there at a long haul museum and I appreciate Kaitlyn coming here tonight speaking before council I'm sure that mr. Reed is going to help them out I to attended the fallen heroes memorial and I just want a second that chief Daniels did an absolutely wonderful job there was a big turnout there were so many veterans there that were recognized and the families were there that whose names most of them whose names were on the monument and if you haven't gone out there to see the memorial you really need to do that it is a it's very touching it's a beautiful sculpture out there and thank you chief Daniels because I do appreciate being a part of that too mayor crews had just spoke I want to assure you that council is working on the smoking ordinance we have had a workshop on it it has been rewritten it has about a week and a half more of work on it there were a couple things that needed to be added in there the timeframe was that we're at just a couple of issues left on it and I'll be meeting with the city attorney in reference to the smoking ordinance and we should have it presented the next council meeting in December and we hope to start the new year off with a smoking ordinance a true smoking ordinance here in league city so that is something that is in the works and I do appreciate coming out and speaking on it and as your recommendation call right email we do appreciate the citizens support most of the feedback 99% of it has been very very positive and I think the citizens of League City and other places coming in to league city are going to enjoy going to a smoke-free environment to have dinner lunch breakfast hopefully we'll get all that ass and get that up in January and the last thing i have is holiday in the park we do invite all you to come out and enjoy that this friday Thank You mayor Thank You councilman nothing just a couple of points first one is as far as holiday park i encourage everybody to be involved with parades are usually a lot of fun and this year we've had mr. Collins has taken the candy issue under his arm and run with it and we will have candy this year which is a great thing so and also i want to thank ms Merritt Cruz as well he called me a few weeks back on a Sunday on my cell phone as the Cowboys were for the end of the game so I didn't give him the attention he deserved but but but I told him that I would look into it after talking with Miss Sanborn and listen to some of the points I agree with you and like I told you I'd look into it and I think you've got some support up here and it's some of your ideas we're very good in commendable thank you for your time and the last thing I want to bring up is as well notice we always bring up the council comments and we've done that for eight straight meetings about four or five months ago we had a workshop and we discussed as a group not all the council member were there i don't believe mr. Cohen was there we decided to move the council comments to the end like the mayor asked us and we did move to the end and for some reason every day we go through this shenanigan when we come in here and we vote to move them up not one person that I've seen as every one of the mayor said Mayor moon back up I think that would be the good thing to do if the people that are voting for it every way got voted against it every week but the people that are building about the cost council comments back up I would recommend one of them called the mare same air we want it back at the beginning and i'm sure you'd accommodate you thank you okay we will now that concludes our number 13 and the mayor's comments reports will be 14 which will be after several more items and since councilman barber and Councilman ted nelson failed to mention there was another football game last weekend so i'll probably address that one more time I'm going to get you now both it like a viewing else y'all do get here are you doing your comments down there no no I'm this little mount these are mine on comments that's why I clarified that back to item number 77 a through 7h staff has recommended this is the consent agenda staff has recommended that we we pull in definitely a so that will leave set 7b through 7 h mere electricals 7e also please okay Larry wants to pull 7e indefinitely that leaves seven be through d + 7 f through h i salute we approved b c d e f g h thanks regular counseling Ted Nelson's both motion to approve b c d e f g and h seconded by Councilman Jim Nelson the side room is now open for debate hearing none please vote point of Information Age guru consent agenda mari you're going to announce the vote go ahead yeah i'm just going to say you always unanimous motion passes it what is it is there any way at this point we can rescue the centerpoint item just for discussion purposes only just which marked the center point item that was one of the ones that staff has the pool which one is a ski is it too late and i do that at all well the shoe is use once one can make a motion to reconsider 7e or technically since it was told it was not a part of the motion to approve so if someone was from vicious making a motion to either approve or deny that that cannot afford it is it possible that i can just so bring it up to approve just for discussion purposes and then withdraw maybe after we do that it also like a motion to postpone yeah that i'd like to postpone I'd like to move that we postpone item e78 at this time miss Muir okay indefinitely okay counselor Barbara's made a motion to postpone item number seven II and second if I councilman Ted Nelson this item is now open for discussion okay the councilman Bartlett thank you honest typically isn't this the last step that we do before we open up streets like this to traffic or is this not am i incorrect in this when we accept the infrastructure the reason this one was pulled was because it hasn't been planted yet you know we would expect in the planning to have been completed prior to tonight's meeting anna has not invited so it has to be pulled okay that's interesting to me out now this was just the sub the part of walker street between here and 96 is that correct the towing league city parkway in city hall at the end of the street here okay and so is that are their cars driving on that street at this time as if I know I thought there were about I was told in there were it's a very small area centerpointe dr in the n96 oh that's all ok alright because i just want to be clear I want to do get this open as soon as possible so people can legally use these roadways and everything I just and also reason I even wanted to discuss this wasn't the cast a huge light on it but to let everybody know what's going on from this chambers at soon though at P&G agenda for december fourth ok so we'll have it at the council meeting in december probably okay thank you very work for a queen of all right thank you very much ok council kini I'm just asking for some clarification this is not actually down the street here it's on pants that correct it's past centerpointe dr i mean it's its centre pointe dr ok which is not i mean what if we pass this tonight those barricades down at the end of walker here would not disappear because that's not what we're considering the night correct those barricades are gone mister peeny a pervy okay so this is further down to and actually what it is it's it's the last little piece to get us all the way to 96 okay great thank you very much okay the motion on the floor supposed on by Calvin barber second by Councilman tad Nelson so with no further debate please vote motion to postpone is unanimous motion passes I didn't bring anyone oh yeah was going to go be well I had a most indifferent class but I didn't hit ok voting yeah I think we need any lights up here try again let's vote again all right just electricity okay unanimous but that's okay item number a report some staff members yes mayor I do have a report I'd like to remind Council that Tuesday December 5th at 9am will be the oral argument in the houston chronicle vs city of leeds city case in the Fifth Circuit New Orleans and they're still combinations available at the whitney hotel near the courthouse thank you I'm hobby them okay anything else Chris ok that is item number 8 item number 9 old business there is none item number 10 a consider take action on a resolution to amend the fee schedule for developments mittal's we're up move to approve councilman Collins made the motion to approve I second mr. barber calculate Thank You councilman barbers second to that item it is now open for discussion council makini well again once again I do when I think staff not only was a very informative it was you know council at that workshop work very well together I think there were 50 to sit that workshop but not only did I get insight on the fee structure but also the operation of the plant informants improvements that they've been making and I certainly appreciate those improvements thank you thank you any further debating this issue hearing none please vote for is unanimous motion passes ten be considering take action on a request to approve a private streets agreement for the village at Tuskens lake section two phase one so councilman Ted Nelson's made the motion to approve second second by Councilwoman Phyllis Sanborn this item is now open for discussion hearing none please vote ford is unanimous motion passes item number 10 C consider take action on the approval of additional funding for the purchase of a folding stuffer machine for the utility building department motion to exclude Councilwoman Sanborn has made a motion to approve Councilman Jim Nelson the second of that motion is now open for discussion here you nine please vote for izz unanimous motion passes item 10 d consider take action on the approval of an official act to redeem all or a portion of Lee city industrial development sales tax revenue bonds series 1995 marimekko motion to approve council keys made the motion to approve second by councilman Mike Barbour this item is now open for discussion I can't even council mccombs camara but just like to head mr. Morrill come up i guess and talk about this or cynthia brief overview of it Joe there's a lotta items over kind of push off spot for a catch you off guard there i'm certain i just want it in the door if we has look at them up and Maris accountant good evening the item on the agenda for calling that industrial development sales tax bonds was an IM vet as this broad eyes board exploration money says nothing they off the bus to go ahead and redeem them so they do have the opportunity to call the bonds on march first of 2007 they do have sufficient cash to make that payment and they're just asking your approval may be allowed to proceed and pay their dell and here behind that is it's that there would be interest rate on the bonds is certainly a high rate by doing refinancing on that we couldn't really reach economies because there's just not a whole lot of debt out also before they go out and sell that again we would want to knock those bonds out because of the legal requirements through port bond covenants the promises made to bondholders on the issuance of additional debt are somewhat restrictive market currently does not require cabinets that are as restrictive is that so I think it clears the way for issuance of dead in the future and saves saves money now okay councilman barber yeah thank you and one things that just doesn't make this all very put this all in layman's terms for anybody that wants to understand what we did if you had a let's say you had a credit card and then you took out a cash advance that you had to cash laying around and decide you weren't ready to spend it on what you originally had intended for and you're making payments on it you put into a savings account that's making you a little interest but your interest payments are more than what you're getting in and so while you're playing around and not ready to spend it yet why not just pay it all off and then whenever you do need to go back out and get that money again so that's basically what we decided to do it's hopefully going to put us in a better financial position in the future thank council makini just two additional points that all i had to that back in the since the nineteen ninety-five when these bonds were originally issued the sales tax revenues of the city have increased dramatically such that the excess funds that the industrial board received over that bond payment that is required as just sufficient so go ahead and go ahead and take care of these bonds and pay them off another item is that currently the 4 B has to hold assets of the sportsplex in order to justify the debt so that you have debt for your you know you have assets that you that you spent that money on and once this is paid off those assets can be transferred over to the city and just kind of improves the accounting of the whole night thank you any further questions debate no thank you Joe okay with no further de Valence issue please vote for is unanimous motion passes we now move out of 10 e considering take action to hire a farm to search for a city administrator there I'll make a motion that we request of staff to go out pull or fps or RFQs for a search firm to hire a city administrator and have that information Thank You counsel at the first meeting in January customer Collins has made the motion to go out and stretch staff to go out and put together an RFP or an RFQ which this one's a firm no no what I thought I would be I guess would be an RFP yeah and have that back for the first meeting in January or at the beach and Councilman Jim Nelson the second to that this item is now over for discussion council macomb just to clarify this for cynthia there yes so just to have the RFP back to council or consideration for our company to too hards what my intent was I'll place this only agenda because I think it's time that we even though Chris has done an outstanding job course I think it's time that we start the process of looking for a full-time city administrator otherwise we're going to be sitting here in another year from now with an interim city administrator and I think we need to show this city that we can hire city administrator and keep them here I've also done a little spreadsheet I would like to put it up because I read in the paper the other day that that we hired six I think it was six city administrators and the last four years which is really not correct and I would like to place a small chart with permission of the shirt mayor on the overhead to show the years and what city administrators that we did have here since 1996 and a ten-year period we had three full-time city administrators and the rest of them were we're in a city administrator shot I really don't believe the article thank you sir just place it up there but that's the main reason for going out for city a city administrator if you can see it may be a little bit smoking you focus at passing as you can see mr. finan was here for a six year period of time once mr. fighting left and i think that the mayor said in the paper that we needed to find out about first search and find out why people were leaving the city and i think i put off to the right the reasons that I believe people left the city mr. fighting left on his own will to take another job in pearland then we had mr. Chuck Harrington as a interim and then he took that job for another year in two months and left and retired from the city that's a total of seven years and eight months under the Harrison Frankovitch leadership under the Harrison and Mayor Schultz leadership we had Paul Davis that was here for one year was asked to leave by the mayor and then he had an interim mr. Michaelson and a full-time Chuck Pinto for one year one month and now we have mr. Reid for three-plus month as an interim city administrator so just want to clarify what the paper said was not true we actually had two to three full-time city administrators in the last ten years Thank You councilman kini well I'm going to support this this motion made by Councilman cones tonight simply because I think we do need to start the search are there improvements that need to be made probably so definitely there's always improvements to be made and I hope that that we certainly strive to make those improvements before we offer any person a job as the city administrator the i would rather this be done it differently than it's being done tonight i think that that it's certainly one way to find the new city administrator I've talked to the mayor in the past i think that the mayor needs to look at his position as being the chairman of the board we always hear we're going to run this city more like a business mayor needs to be chairman of the board we're board members and the only difference is is that we have the same stock ownership is every citizen we all have one and they've elected us to be their representatives and run this company I think the way to do this is that we target I think when the corporations look for new leadership at the top very top level they don't hire a headhunter which is essentially where we're going to do tonight they target who they want they look at what they look at their business they look at similar business they look at how those businesses are growing how those cities are growing the challenges that they're having the face and then they identify top candidates and they start the very top of their candidate list and that's what I've asked them there to do in the past it hasn't come about and that's the reason i am going to support this tonight because i think we need to get the ball rolling councilman barber I think mister man please don't want to speak just very briefly about this I also support this and I was actually quoted in the article and I think I was quoted very accurately although i'm not sure if it kind of came across in a very confrontational way and it really wasn't my intent fact after reading the article first call I made was to mr. weed himself letting him know that I've actually been very happy with how he's been performing I'm not trying to run him off and I don't think anybody here is and I wanted to make sure that's clear so I'm saying it again tonight it's not just kind of one of those things where people say the right thing and then just do something else this is a situation where when we all agreed to bring him on as interim how many of us wanted to see that timeline which one would actually do this and we got a feeling we're accountable to the citizens to to do that and so really this is more of a method of transparency of government as far as I'm concerned I will support this in that and then to toward that in one of the things that didn't we didn't make your word limit in the article was that I really do want us to work together on this because I think what the what the way our Charter is and people have interesting debates about strongly or weak mayor this and that and the other one very clear thing is that when you have something that there's an appointment by the mayor and subsequent necessity of confirmation by council it really works best if you work together so I just invite you to do that and let's get along really nicely and again i really enjoy the job chris is doing and and thank you and i will vote yesterday thank you before we vote let me just clear up a couple of things i think that the reporters that cover lake city do an absolutely wonderful job they do the best they can I've learned over my 18 months that most of my comments to the paper went absolutely possible or in writing by my assistant I do do some Google when I asked to as a favor the second thing is the chart up their father of Nick finance six years was under mayor mayor Frankovitch he left within months of I think Mayor Harrison being elected as far as the graph on mine the day I was elected who was at Paul Davis resigned which I have a great admiration for Paul because that is a very typical thing for city administrators to do when they are in an interim position so when I showed up to the office I did what I had to do which was to appoint an interim city administrator which is my cousin I also on my first day of being elected to this office extended the offer to chuck Pinto to beat the city administrator which was part became a large part of the campaign and I said I would do it and I did it on day one Chuck had to give 90 days notice and I respect that and for those 90 days we have to have a city administrator and I think that might also did a great job I think that Chuck Pinto did a great job I think I'm better for having worked under Chuck and I think the city's better off for having had him here for a year I don't have a problem starting the search never stopped looking the first person I found after Chuck penso left was Chris read the first person that I was seriously considered and I'm very I'm quite happy with the job that Chris Reed is doing I had sounds some emails to the people that I have accumulated and speak to and overwhelmingly the one thing I'm told is that shouldn't you know why the people that are leaving or leaving that seems reasonable to me and that's all I'm saying is that as we move forward with this search we need to know why their turnover is happening our form of government we currently have a strong mayor form of government that's a charter that the alternative that a lot of people say it's council-manager the main difference is that the the city manager is the CEO as opposed to the mayor there are other differences but that is a large one and at some point if we get a charter view committed we won't address that that's great I agree with the fact that we need to move forward I also think that we need to look at why we have the turnover we have as we move forward with this search so I have absolutely no problem with the timing this issue the motion of the floors by Councilman comes to approve the search mayor I'm on the debate okay go ahead on again I'm a little different with you mayor in the aspect that mr. Davis you know we talked to you before behind closed doors about this issue mr. Davis was asked to leave by mr. Carlson who was hired before mr. wow that's awesome left going at 11 more years here is that looking at this chart bear i just put off to your right the reasons for people leaving which i think you my opinion is fairly close but we really don't have a problem and stating that in the paper that all of these people have worked here and left the city half of them or interim city administrator so you really can't count that you're looking at three city administrators one left because you had a new administration with Mayor Harrison coming in another one leaving because he retired from city government and another one left for whatever reasons to go to to city of Seabrook so I really don't think we need to go out and do a complete search on why people are leaving for city administrators but I do different only with mr. Davis because he was asked to leave by your administration duly noted councilman Nelson I guess I got a chime in too now I take a little umbrage with what mr. Collins's chart it's an accurate and for all the people watching TV and all the people that are still here we all know an employee we got a great staff and people that work in league city or phenomenal people and most of us no one and if you know one I beg you go up and ask them why do you think the mayor's does up the administrators keep leaving a lot of the people and staff keep leaving you'll find out and it's very consistent with what what the mayor is trying to find out why they're leaving it's not what mr. Cohen has put this little color chart up there I can promise you that to ask a staff member an employee you know you'll get some I correct answers I promise you Thank You counsel Councilwoman Sanborn well the only way I'm going to believe why anybody left if that person tells me they're safe because anything else is going to be pure speculation I don't know why they laugh I don't know that any of us know for sure why they let the grass may have been greener somewhere else but you're never going to find out why somebody left in city government in state government and a job at NASA or a job at a bank unless you hear it from the horse's mouth anything else is going to be hearsay and I think they have for this reason or I think they left because of this reason and I'm not going to go back and say why somebody laughs want somebody say I'm just we have the staff that we have I appreciate all of you and I appreciate the people that work with you every day and I'm going to look at moving forward I'm not going to look backwards i am going to support mr. combs is motion tonight because i was told that when we hired a interim city administrator that we would move forth with looking for a permanent administrator i have no idea who that person is going to be but to go back and and find out wine and i shared it with the mayor I don't know that we're going to find out why so we can find out opinions but I don't think that we're going to find out facts so much we call the people back and said tell me why are you really lay out Thank You mayor thank you calcium Kenny yeah i'm not sure if you ever find out why people really leave sometimes unless it's you know hey I made by making more money someplace it's kind of hard to get that out of them but I guess my question is is did we conduct exit interviews or do we have on file exit interviews for any of these people here none is it do we conduct exit in their views for other staff members we don't connect exit interviews if I think it seems to me that there's over the last few months there's been a lot of discussion about employees we all want the best employees we can get we won the state long time we want them to feel productive in their jobs we want them to feel that those things that are necessary in order to keep employees around for a long time and I don't think we're going to really see any improvement until we start asking each and every single employee and all the way up to the city administrator and why they're leaving what could have been done different was it you know all those things and I'm not a human resources person so I would encourage as as I've seen improvement in other departments I would also encourage possibly putting together some type of enter exit interview if if that seems warranted I think it is Thank You councilman collies just to clarify one other thing the color chart up here that you see all of the information is public record came from the human resource department except the very last column the reason for leaving which I stated earlier that was my opinion so all the information is public record for you to look at thank you the motion of clears to approve and a staff to get us an RFP back by the first meeting in January by council co sex by Councilman Jim Nelson but no further debate please vote for is unanimous motion passes we move to 11a consider take action on the approval of an ordinance authorizing the issuance of city of League City Texas general obligation refunding bonds series 2006 lending an ad valorem tax approving an official statement authorizing the execution of a bond purchase agreement a transfer and paying agency agreement and an escrow agreement authorizing officials to approve the amounts interest rates prices and terms thereof and certain other matters relating thereto and other matters in connection therewith Council and Ted Nelson's made a motion to approve count seconded by Councilman Jim Nelson the to nelson's and it's now open for discussion hearing none we please vote for is unanimous we now move to item 12 table item subject to recall there are none item number 14 mayor's comments and reports first of all let me say that we will indeed be throwing candy in the parade and that parade is put on by League City al and I think those fellas over there especially Janice fallacy Betty Spacey on several other of those city activists work very hard for that parade and I think it is a wonderful event as is the the event at the park the parade hopefully we will be able to get plenty of candy out to the sides of the streets we will be throwing candy we will do it with as you know with the utmost to safety and mine and we will make sure that our kids get as much candy as they absolutely need I do I do mirror some of my fellow council members tonight as far as the very installment pastor in his church that that's the first time part of that quite frankly so I want to get involved in that tomorrow and see if there's anything we can do if there is that's great if not it that that's a shame but I know sometimes that's how it happens the noise issue again I agree with fellow council members is if you have a noise issue if you have an issue don't hesitate to call the police or call one of your council members 24-7 these guys are here to serve and so if you do have activity especially if it's suspicious activity don't hesitate to call if there's just activity feel free to call and let us know what's going on we are very responsive and just remember in the interim if you feel like you're not getting a straight answer if the city administrators is chris reed and he will make a decision on who handles your issue if you've gone through the ranks and you don't get any satisfaction if you go through chris reed and you don't get any satisfaction you call me but i will tell you that with the city staff that we have in place it just doesn't happen and as far as the newspapers i know that the other day fair called me from The Chronicle and he's the one that covers league city from a chronicle and does a just a darn fine job of it i might say as do all the reporters and he asked me my prediction on a game that we can the Aggies at UT and I as a one-third official you always want to act like you're in the know and I said Texas that I was not aware they had a football team so I had to try to cover a little bit i went ahead made a prediction i did predict Maggie's would win and I think Maggie's absolutely killed go ahead i'ma let you in right here and so then I did find that UT does have a team the mirror you really offering to you about it i want elect you to the college records where it talks about the cut large audience thank you congratulations though it's finally time the level we came back to life thank you that was a great game and we have a lot of Aggies a lot of Longhorns in this city and it's a lot of fun and it's another reason to bring people together and as far as the city administrator I want to say right now that I come in quiz read for taking this job and for the fine job that he's done and I hope that he seriously considers looking at this at a full-time job as we move this search forward Mary also want you to mention that the rice owls going to a bowl this year after 45 years is that 45 years since the rice okay go sir you heard it straight from Jim Nelson I'm that concludes item 14 items 15 items added at for electronic agenda there are nine item 16 layer yes sir for a point of order since I was the council person replaced item 16 and 17 only agenda i would like to pull both the items from the agenda okay excellent councilman Carl octuple item 16 and 17 from the agenda also they are officially pulled with no further business this meeting is adjourned you you {00:00:36}
5th row	{00:00:32} okay we're up good afternoon we call to order the City Council of League City regular meeting October 10th 2006 at 6pm I'll call roll Jerry Schultz here Ted Nelson Mike Barbour ready Tommy cone here Chris Samuelsson here so a stand born here John Keaney there Jim Nelson here thank you we will now have an invocation and a pledge of allegiance i was told that dr. Jenkins could not be here so i will give the invocation and the Pledge of Allegiance tonight and this would be a good time to turn our cell phones on vibrate please spell dear Lord we ask that you come into the Chamber's tonight and and give your wisdom to all of the elected officials and to bless all the the staff and the participants in the city the citizens of league city and we ask that you give us your strength and your counsel as we work through this meeting and we ask that our votes and our conscience and our motives are pure and we ask that we do everything and in the name of Jesus Christ and tonight we pray amen like on the United States America and to the Republic for which it stands on a nation under God indivisible with liberty and justice for honor our veterans like our pledge allegiance to be in English item number three the approval of minutes we have August twenty-eighth special meeting August twenty-ninth special meeting and sep tember of the 12th regular meeting are there any changes to these minutes here nine minutes or so approved where are the blood to abstain from August twenty-eighth meeting okay councilman Collins is going to abstain from the August to 28th meeting item number for appointments proclamations presentations and awards a presentation of a proclamation recognizing the Bay Area Bluegrass Association for their creative mission and dedication to the community this is issued by requested by Councilman John kini does anybody here to accept this night if you've come forward all I'll read this to you and your name sir my name is dead Friday I'm the president of the Bay Area Bluegrass Association okay glad to have you here tonight sir whereas the Bay Area bluegrass association was founded in June of 1986 in League City Texas with the primary mission of preserving and promoting bluegrass music as an American art form ba-ba-ba-ba is recognized throughout Texas in southwest as a steward of the art of bluegrass music whereas the bay area Bluegrass Association has given League City the gift of music through this monthly event at the Johnny Rocco Civic Center the event is open to the public and has a yearly attendance of over 3,000 people from the Greater Houston area and whereas the bay area Bluegrass Association has been an active contributor to the league city community for the past 10 years supporting and participating in local events such as the Clear Lake Area Chamber epicurean evening July 4th fireworks fundraiser and the balloon festival the group has been a supporter of the Clear Lake Crime Stoppers and performed at least cities concert in the park Armand by bio you nature centers Fall Festival and area nursing homes and churches and whereas the Bay Area Bluegrass Association held the first annual Texas State mandolin championship ship on August nineteenth 2006 in league city at the Johnny Ruffo Civic Center and hosted approximately 500 guests and participants from all over Texas and as far away as New Mexico and whereas the success of the event was proven by the overwhelming turnout and the high caliber musicians and attendance and we're asked since june of 05 during its monthly events the variable address Association has actively supported the league city business community with an innovative innovative raffle which requires receipts from purchases made in the league city in league city for participation and whereas the bay area Bluegrass Association has demonstrated excellence in the preservation of bluegrass music and also in its support of League City and the surrounding communities now therefore I Giri salts by virtue of the authority vested in me as a 7th mayor of the city of League City do hereby proclaim October 10 2006 as Bay Area blue crack Bluegrass Association day and witnessed we're of hearing to set my hand and caused the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six the next proclamation is item 4b presentation of the proclamation recognizing october two thousand six as national disability employment awareness month city of leeds city presents this Proclamation for the national disability employment awareness month to side by side an organization here in league city whose mission is to empower citizens through education to stand side by side with people with disabilities as they contribute to our community where we all live learn work play and pray is there anyone here to accept this tonight come forward and would you like to state your names my name is Renee Bennett okay Roberta Malik my name is Camille okay and we'd like to thank you mr. mayor for making this Proclamation on behalf of side-by-side a support organization for people with disabilities and their families too often people with disabilities are not giving the opportunity to be a contributing member of our community side by side promotes participation in all specs of aspects of community life where we live learn work play and pray for all people with disabilities we welcome all interested citizens to contact us to see how you can help us in our efforts thank you for your time thank you city of League City office of the mayor proclamation whereas an individual with the disability is defined by the ad a as a person who has a physical or mental impairment that substantially limits one or more major life activity a person who has a history or record of such an impairment or a person who is perceived by others as having such an impairment and whereas this definition includes disabilities which a person is born with and also those disabilities that a person might acquire during their lifetime such as those sustained by veterans or the elderly and whereas for people with disabilities employment is essential for independence empowerment and quality of life and whereas the city of League City encourages employers to invest and the energy of people with disabilities and whereas the city of League City wants to move toward a community where all citizens live and work with dignity and freedom and whereas the city of leak city recognizes the considerable contributions our disabled citizens made to our local economy and reaffirm our commitment to full inclusion in the workforce now therefore i gerald by virtue of the authority vested in me as a seventh mayor of the city of league city do hereby proclaim october sixth as national disability employment awareness month in witness whereof hearings who set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six item number five a public hearing and action items from public hearing held a public hearing on zoning change application z06 now Mike resistant won the digital there okay I hold a public hearing on zoning change application z06 dash 18 Randall's request number two to rezone approximately ten point four acres from neighborhood commercial to mix commercial mixed-use legally described as a portion of the John Dixon lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 we will open this public hearing at 611 if there's anybody that like to speak to this issue please come to the podium and if you do come to the podium please state your name for the record good evil my name is Jeff Burkhardt mr. mayor members of the council the reason I came out to end this evening was to simply talk about the mixed-use change the concern I have is I'm also a resident of the west side of the city and the question i had rhetorically was what are we saying about the west side of the city with a mixed-use change as I've watched I've noticed that not only do we have an inordinate amount of service industry gas stations already within a mile we have five currently three adjoining the current existing property but also the kinds of businesses we have no sports bars now we have popping up we had liquor license application for in front of magnolia estates for building a multi-million dollar high school we're building many many thousands of homes south of Brittany Bay Boulevard and my thought was what are we saying about our side of town and I thought to myself as a concern of citizen and also a minister in our community I see this as neighborhood commercial does have restrictions on what we can and cannot put and it doesn't restrict business it doesn't restrict us the opportunity to go forward I'm not against business not against progress but my question is what are we saying and what what are we mixing it used for and my guess that's my biggest concern and I would just ask that you take that into consideration as you consider your vote what are the other options that we have that could possibly sneak in there and what do we say is we're driving by and and building you know houses for tens of thousands of people to move into and for a mile and a half we have to apologize for the way that we've maybe not handle the last large bit of land that's there and not thought through what are the exact things that we can do with this how can we make it more community central what are we can do and I think leaving it neighborhood commercial gives us a lot of opportunities so that down the road we don't have to address this issue again as to maybe we should have done some things different maybe we should have not zoned it the same way so I would just ask you to consider what we're saying about the west side of our city what do people have to drive through what do we want them to see as representative of our city and our driving to these brand new subdivisions these large developments that we're planning south of Brittany Bay Boulevard in magnolia and westover park south and i just ask you to consider that for the use of neighborhood commercial just living it intact thank you very much thank you Jeff my name is Forrest sorry and i live at 1705 linear which is the neighborhood behind there it's at landing book along blanding boulevard in 518 my biggest objection to this thing is basically there's a possibility that a hotel could be built on that property and that's unacceptable when it's that close to an elementary school not to mention the fact that hotels go through life cycles I don't want this to turn in some places that winds up being a rent by the hour kind of place which winds up having too many police coming to that area to deal with a problem that we shouldn't have had to begin with because it was not should not have been zone that way to begin right there's also a possibility of having going from a one-story structure to three-story structures which means there's a certain council person that lives here that will wind up having a third story structure somebody in there looking down in her backyard that is not wise in my mindset of what a good land use is for those properties it needs to stay neighborhood commercial and rather than have you think I'm the only one there I came to my attention that somebody was trying to get a petition going with this I didn't find out until about noon this afternoon but I managed to gather this many signatures on here plus the back I want to make sure the council people have done because I have not met a single individual in that neighborhood that wants this and I guarantee you if you vote on this one buddy I'm going to make sure everybody in my neighborhood knows about it there's some things you guys can do for your developer friends you give me money he's learning oh my apologies for threatening that's okay for fun I'm not really trying to threaten people i'm just letting people know and there are consequences at the election areas in the election type of setups don't remember I understand but really my god let's don't let's go get as an individual how long I want for it again I learn about either won't be okay thank you okay I'm telling you a will the people are going to know about this vote sure and we'll let it go with that thank you anybody else I'd like to speak to this issue thank you for the town my name is Nick al BTW i do own some property and that area i provide a folder and up with for all their City Council and Mayor which what we did they basically connected with some professional to keep us some feedback and what is learning about Wendy change them the verities they put them in one why is not good because the current zoning can provide some something which complement the area the neighborhood and it would help see basically the area that land is located there is some church summer school and never subdivision and if we keep them the same zoning isn't somebody common develop them base of st. zoning complement the school the church and subdivision but if we change the zoning the effect on that one going to be yes we allowed to be hotel and commercial lodging undertaking funeral and internet service industrial research and development industrial wholesaling and distribution automobile rental at Mobile Equipment cell service vehicle service building material sales and service Convention Center communication facility communication tolerance structure transportation turning our self estores facility this is base of the city code if we change our zone as I said if you look at this one equal to believe why bit against it if you look at them from Ross elementary school kill the landing we do have three gas station from 45 of west side hey landing the t6 gas station and really it doesn't giving any new sales based gas for City just what they do the quality of this business is going to get reduced because certain customer people client the dry pass right there they're going to go some of them to the new police that's all and another thing it is the last City Council they got denied they wanted to be general commercial they say this is theirs they said they're going to put a bank shopping center fast food and they're going to make a big development and thanks God city councillor mayor they deny them and that can offset their purpose it is motel and gas station this is today they get a variance for the motor anyhow thank you for the time and I appreciate okay thank you is there anybody else that would like to speak to this my name is Rob nay car and i am the owner owner's representative and I guess what I really just like to ask is does anybody have any questions of me based on our proposed zoning change okay I mean I'll go hang out in that queue up so fearing vassals to get on go ahead John oh my understanding is is that a commercial mixed use a site plan is supposed to be submitted along with the development and but the only thing I'm really seeing is one gas station and that really doesn't give me an idea of where all the entrances to this piece of property are that you are going to be I mean how many entrances like to the west how many entrances to the north you're going to have and so I'm wondering how come that was not submitted along with this as I mean it sounds like you're trying to get a special use permit at the same time and I I also don't know whether or not you're trying to you say hey I don't want the special use permit if I don't get I mean I don't want the zoning change if I'm not going to get the special use permit so what are you what are you seeking here we are seeking right now we're seeking the mixed use designation we were here at the end of june thirteenth meeting we request a general commercial zoning which would make us lack of that were equivalent everything that's around us there's a CVS court across the street to gas stations on either other corner and there is my understanding that council requested that we go back as a mixed juice and that's what we did and and with the mix juice juice and then part of it in the next part would be the special use permit to answer your question regarding entrances on 518 text I guess ultimately has control than our plan would have one entrance on 518 which would be the appropriate distance from the corner which is approximately 360 360 five feet off of landing Boulevard and is the whole parking lot I mean the whole the whole area going to have one parking lot or are you going to have right now areas mr. Keeney we're not a hundred since certain I can show you what we have in mind for the front right now we're just focusing on the front of the property and yeah but that would I could shut you know show you something that would handle the front of the property okay I've got some questions but it's those staffs also goes back to it again during school it was requested of us by council my understanding was to come back and have this property designated mixed-use we went back through staff we talking about it they recommended we went through p + Z they approved it and that's what we are here today and here the question okay thank you is there anybody else that would like to speak to this issue okay we will close this public hearing at 623 and move to item 5 V considering to take action on an ordinance amending ordinance number 2005 dash 24 to rezone approximately ten point four acres the Randalls request number two from neighborhood commercial to commercial mixed-use legally described as a portion of the John Dickson League survey eps track number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 anybody okay this this action item will die for lack of a first and a second we will now move to item number 5 C hold a public hearing on special use permit application su p 06 07 Randall's request number 3 for a special use permit on approximately ten point four acres for a gas and service station and CM commercial mixed use zoning lately described as a portion of the John Dickson League survey f track number nine generally located excuse me south of FM 518 and east of landing Boulevard with your proxima address being and the 2600 block of FM 518 we will open this public hearing at 625 if there's anybody that like to speak to this issue please come to the podium seeing none we will close this hearing at 625 and move to item 5 d consider take action on an ordinance amending ordinance number 200 5244 special use permit on approximately ten o'clock for actors su p 06 07 Randall's request number three for a gas and server station in commercial mixed use zoning they can be described as a portion of the John Dickinson lead survey abstract number nine generally located south of FM 518 and east of landing gold bar with the approximate address being and the 2600 block of FM 518 anybody may or make them I mean I'm not sure why we're even considering this section since we failed to take action on the previous motion I don't think especially as proven is allowed in the neighborhood commercial for discussion purposes may I make a motion to deny account especially youth permit under spot to eat okay councilman sandwiches made motion to deny second seconded by Councilwoman Phyllis Sanborn and is now open for discussion councilman Sanderson mr Fraser come up for a minute and answer a couple questions print-friendly questions I don't think there's anybody up on council that doesn't want to see that property development or commercial use since you are economic development director can you tell us what type of inquiries have been made in the past on that piece of property as it exists right now zoning wise for many years we've been working with Randall's to to locate a store in that location they had of course bought out by safeway a lot of the decision for din made in california by the safeway of people and the property was scheduled for development at one point they put those on the shelf and now they were wanted to sell it since the sale was announced we've not had really any inquiries on that we've not really had a suitable prospect that that wanted to locate at that point we put most of our efforts in trying to encourage randall's to put a grocery store there at the request of a lot of the area residents warning phone but now that that point is moot so but we've not had any significant inquiries since that sale last time this came of course when the quest from the owner was for the general commercial Iram to recall some discussion about the representative of kroger saying there's not enough space there to to put in a grocery store any comments on that well rattles thought there were in fact they were looking at pad size as well I don't know exactly what size store they were looking at at the time very similar we thought to the existing rentals here in the league city but they they thought it was a ghost pays for country store as the director of our economic development corporation does the EDC have any type of position as to what type of business they think would be best suited or appropriate in that location to serve the citizens of West Side know we've not taken a position or discussed that specific site location since the sale was made thank you for your comments ok miss chambers last time this came the course and the request was to change it to general commercial I seem to recall that the PNG was unanimous to change it to general commercial and the council disagreed this time I see that it appears that the pn z is voted unanimously for approval to change the zoning what if you if you're you know now what was pansies discussion with regards to this property in this zoning change request it's my understanding councilman that p & z did approve the CM zoning based on the direction that council provided the applicant at the last council meeting when the african did request to cici's cg zoning counsel advised that they come back with a CM and it's my understanding that Panzi supported that for that reason because the applicant was abiding by what council had directed Thank You counsel makini miss chambers what is the requirements for developing a commercial mixed juice what is this site plan that a site plan has to be submitted whenever the property is zoned commercial mixed-use and that site plan has to be approved by the Planning and Zoning Commission in all the other zoning districts site plans are approved by the development review committee and ultimately approved by the yes city engineer however in the CM zoning district it is a design for a unified development and that unified development plan must be approved by pian zi and and when winds should that I mean not when as far as a calendar date but went in the process because what we have here is the you know we had a zoning change as one issue on the agenda and then the very next one was a request for special use permit and on that special use permit that was starting developing a small portion of that so should the site plan come in before asking for individuals pieces because isn't that what the site plans supposed to do is provide a unified development that's a very reasonable question councilman typically if the property is our red zone cm of course we would see the site plan in this case the applicant was basing his zoning change on whether or not he could get the special use permit to do the gas station which is why he that if he didn't get the special zoning he of course he did get the special use permit he did not want to change the zoning and I think that's one of the reasons why we're not seeing a site plan as of yet and also typically and in a zone change we won't see a site plan until the applicant is sure that he's got no zoning approved before he expend any money in getting a site plan developed but this is a case where the applicant is wanting to be sure he's going to have the special use permit to do the development before he proceeds but nothing's been presented to PNG or to staff regarding some unified no sorry we have not seen a unified site plan at this time calcio samuelson a couple other questions for Miss chambers if the zoning were changed had been changed tonight what type of buffers would have been in place under our existing ordinances for the people in the neighborhood behind them I think it's important that people here there would have been a 50-foot buffer requirement just a 50-foot buffer from this from us district and any and i'm not sure looking at where the residences are in relationship to the site without seeing an overall site plan it will be difficult to tell you exactly what the purpose will be but we do know that there is an adjacent open space zoning district to this site and that would be require a 50-foot buffer buffer in the event the layout of the site plan has any portion of the commercial property adjacent to residential area there would also be an additional buffer and landscaping require typically 30 foot okay you heard a real her mr. elviria up here he presented a letter to the council and he listened 13 different types of uses that would be allowed in that area had we changed the zoning such as hotels lodging undertaking industrial research auto rentals auto equipment vehicle service building materials Convention Center communication facilities communication towers and structures self-storage facilities what other types of uses would be allowed in that space were we to to change the zoning as requested tonight I don't have a complete list of the zoning ordinance here with me tonight councilman but the commercial mixed use is more of a regional type zoning district it is designed for to provide services for an area other than just the neighborhood that is adjacent to the current zoning of this is the CN which is of course designed for neighborhood commercial type uses once you take that to the CM zoning district you're really saying that you're developing this particular track to service areas other than just at adjacent neighborhood so you're going to see a wide variety of commercial uses in cm district could it be retail shopping definitely yes sir that would be allowable under the proposed zoning change yes it was one retail would also have been allowed under the CG however is limited in size last question I had was as it is presently zoned as neighborhood commercial have you had any inquiries from any prospective business owners or developers to to put any types of commercial uses there I have not our office has not thank you no further questions Thank You councilman barber Mary couple other questions very I think one of the advantages that was pitched to us when council I guess there was some mention of coming back for CM designation was that the advantage was that the PNC would be allowed to look at a unified minister plain as he described earlier that correct that is very for accountant now I guess my question is the interesting thing about that is that they have to review that but all those uses that council singers have just described they're allowed by right once the CM designation is zone that way isn't that true that's correct so it doesn't see I mean I understand that they want to unify didn't have a master plan in place basically any of those things go once it once it's there right yes once the zoning is approve those uses go what allowing the p + Z to approve the unified plan the comfort level that that gives is that you have that body that is responsible for the planning of the community looking at that plan to ensure that it does provide adequate support for the neighborhood and not devalue anyone's property in that area but also that it is comparable to your comprehensive plan and that it follows the direction and the policies council has said I appreciate that it it still allows that it puts them in a position to try to make it the best they can in case they want to put a hotel there it's allowed by right once the CM zone but they could try to do what they can to make that the best they can say or minimize the impact by reviewing that unified plan I understand and then one question for either the mayor of city attorney on this and I think council makini correctly stated that we really can't approve an SUV at this point or prove or devote on a CPA this plan is that correct since it's not been changed well you could vote on an improvement but it would be a nullity because you can never make use of the permit the underlying base don't think I'm just wondering if it's truthful to even have but I know councilman Santa some wanted to have a discussion I appreciate that but I don't know if we're going to really build on this well there is a motion on the floor with a second so unless our with drama much okay thank you and let's see how would John the second in there we can bring that back up right there's no provision for that no prejudice to okay alright so the first has been withdrawn as has the second so we now move to 5e told the public hearing to designate the main egret bay boulevard and FM 270 as it extends from Clear Creek to FM 646 so move Councilman Jim Nelson said motion to approve and that was a public y miracle sorry I'm sorry there after that I am NOT happy to consider and take action yeah I'm sorry hold a public hearing to designate egret bay boulevard on FM 270 as it extends from clear free to FM 646 rope is public hearing at 638 sorry anybody that like to speak to this please come to the podium my name is barry evans i recently opened my law office building on FM 270 at larger and in the past several months i found there's a lot of confusion out there with people not understanding once they cross the bridge it's no longer egret bay and it becomes FM 270 and talked to several the business owners along they're not received any objections and I think it would be more consistent and would help the city to name a [ __ ] Bay Boulevard as its it is a very beautiful Boulevard so I thank you for your consideration very i also wanted to come in to you i received a letter from you a while back commenting and complementing our staff on the job that they did assisting you in your development and i've been meaning to call you and say thanks for that kind letter because i know that took a little bit of time so since you're here tonight thank you okay okay is there anybody else that like to speak to this issue okay hearing none we will close this public hearing at six thirty nine and move to 5f now consider take action allah norden's to designate the name user bay boulevard on FM 270 as it extends from Clear Creek to FM 646 Omega first is done ok Thank You councilman jim Nelson's made the first councilman Mike Barbour has second to that motion is now over for discussion hearing none please vote core is unanimous motion passes remove the item number 5 g hold a public hearing on zoning change application z 06 21 to rezone approximately thirty point seven acres from commercial mixed-use to general commercial nearly described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 1415 a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of i-45 anybody like to speak to this item please come to the podium will open public hearing at 640 seeing none we will close this public hearing at 640 p.m. and we will move to 58 considering take action when ordered some ending ordinance number 2005 dash 24 degrees own approximately thirty point seven acres from commercial mixed use to general commercial legally described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 14 15a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of high 45 mirror luke to approve council mccomas has made the motion to approve look in the council and jim nelson second of that motion it is now open for discussion hearing none please vote four is unanimous motion passes item five I hold a public hearing on zoning overlay application z06 dash 16 / p for a PUD overlay on approximately 40.0 acres zoned RS f7 single-family residential with a minimum lot size of 7,000 square feet legally described as track 33 of the stephen f austin survey generally located north of FM 2094 in west of davis road with the approximate address being in the 800 block of davis road anybody like to speed come to the podium please will open this public hearing at 642 mr. mayor council my name is Dale hardy and i'm representing the african this particular issue want to take just a minute to kind of review the project site this of course is Davis Road this is the start point subdivision down step 17 this area right here this is the wharf marina fork down ORMs around here this is at recommend that we're talking about right here all of this area in here is where the primary development will be and then it will be a series of blocks running along here is another map and a few minutes that will show that more clearly some questions have been asked relative to the site's wetland in fact this map right here and the color doesn't show up very willing as I apologize for that this area right in here is what has been identified delineating and approved by the Corps of Engineers as being jurisdictional or wetland property of that total tract which is roughly 40 acres as approximately nineteen point four acres that is that it's jurisdictional water that's a very out here and there is approximately 1.94 acres which is considered jurisdictional wetland that's all we're dealing with on a track which leaves you roughly 20 acres of developable upland land mass and that's what we're actually working with this particular project has gone through the core permitting process we've submitted our documentation for the wetland delineation that has been approved we've submitted our development plans public notice has been processed those public comments have been returned public hearings have been closed we are now in the process of a 30-day response on all of that the Corps of Engineers at this juncture is say they're good to go with what we propose the Texas Parks and Wildlife however have come back and said that they're not real comfortable with the island idea that we were originally talking about they would rather see us minimise the mitigation on the wetlands we have a couple options for doing that both of which would be well within the confines of the foot that we're asking you to approve tonight and neither of which would would impact the wetlands one of course would be to simply eliminate a lot possibly two outs at a lot 1 & 2 right right down that corner the other would be to go with a shelf around the outside perimeter edge of the bulkhead there's couple projects we looked at did that we can add the mitigation that they're asking for in that area so at this juncture we're only dealing with one agency that still has a has a bit of a concern and we've got 30 roughly 30 days to continue our negotiations and try to respond to them and resolve that issue the type homes were going to see I'm running out of time so the take homes were proposing that's okay you go okay the tape owns we're proposing out here are very similar to what people which you'll see in these photographs and these photographs actually come from the woodlands this is a very similar development format torts in woodlands the common drive areas the reduced setback lines one of the things that we're asking for one of the variants are one of the variances that constituted the food that we're asking for is we're not proposing to put sidewalks in this area and the reason for that is there's this is a neighborhood that all of these houses are going to be the only place you're going to walk is across the street or down the road to your neighbor's house there's not a grocery store there's not a school there's no other place that you're going to be going and because it is a gated community there's not going to be traffic traversing the site we're simply talking about people within the site moving from one to the other are visiting with one another so this lends itself very well with that it's a large page or paving stone or possibly stamped concrete drive ariat in this area the sidewalks are attached the driveways you can see the side garage here in this area so that's what we're asking for there was some conversation in front of p + z about the sidewalks on davis road and if you've been down there recently roughly a third of it has sidewalks and the balance of it doesn't the developer in this particular case is certainly going to build a sidewalk along the entire frontage of davis road from the Northland to the south line which is rather significant amount of sidewalk so we're not talking about the public sidewalk we're talking about the interior on the private streets as part of the variances that we're asking for me there's a another photograph I'd like to show you this would be this would be a rear view again we're proposing it's a little bit different because what we're proposing in this area is a canal but this would be the this would be similar to the backs of the houses that would be backing down to the canal and your water weight in this area here and of course we've got three of those canals that will be constructing but houses on either side and then we have approximately seven lots that will be directly on Davis Road that they're on the north end of the development site the the other issue that came up and i think if you've had a chance to read a staff report the other issue that came up had to do with the private streets as you're aware the city charter actually defines a public street as being a 60-foot right-of-way and of course that's not what we're proposing to do here so this one these will not be properly private streets these will in fact be private drives contained within a common area it will be owned by the HOA operated and maintained but there will be an overriding easement granted back to the city of leaf city which will allow for police ambulance is garbage collection utility companies anybody else that needs to get in there there will also be in conversation with the fire marshal we've worked out an arrangement to where we do have the secondary axis point in case of emergencies would be in essence a crash gate so that you can get in and out of the development in the event that there was something to thought for primary access beyond that I think I think I've addressed most of the issues that I've heard and for the most part most of the issues came up TMZ I'll certainly happy to answer any questions you have either now or later when you begin to deliberate either way any questions yes okay I'm sorry me great they were um take a deal for that you mentioned earlier about the woodlands because one of your clients that's doing this is attending to do this project was involved in developing a business mr. Brown Richard Brown yes sir he's here tonight yes here tonight yes it's my understanding that he is and I don't know him never met him I've done some research on before I think he's been awarded for being able to do environmentally sensitive projects and what they've achieved in the woodlands has been stellar is that correct that is very correct as manufacturing Lemaitre I didn't say a lot about it tonight but we made a presentation to pnc we talked a little bit more about what the IMP new image that we're trying to create out there and what we are trying to do is blend the development as much as possible with the existing environment we do have some very sensitive wetlands out there we've got very nice water body out there the approach we're taking is to minimize the impact and to inform you tend to maximize you know the views that will be creating and the this Enclave kind of kind of sensitivity that you will have within the neighborhood itself it's been very well designed along those lines any more counseling cones yes thank you Mary mr. RDL before we make a motion or moving over to guess for approval or denial on page six of seven of the staff report or our package I guess we have several recommendations and I want to be clear before we make a motion you stated about the sidewalk variance not to be granted this is staff marrying you may want to answer it for us is this the same sidewalk you're talking about or is this the sidewalk bets on Davis Road I just need clarification before we make a motion these recommendations on this page how does that affect you in this development the organizations that you're talking about a relative to that to Davis Road ok yes what we did with this staff report was a little bit different because we wanted to show that once the if council approves the PUD that staff would be looking at other issues in the site plan development and we've discussed these issues with mr. Hart okay so therefore you're not looking for a an approval with recommendations or or no sir we're going to we're going to handle those and 11 we're reviewing the site plan or the master plan is that pretty clear with you mr. or desert suggested that was our understanding as well yes sir okay thank you Councilwoman Sanborn the sidewalks was a concern that that I had when you brought that up if you did that that hit your back and show me one more turn and the neighborhood explain to me in why we would not be putting some blokes in or the house is actually going to be as that picture shows us that close to the the development we're proposing will be very very similar to this as far as the as far as the proximity of the houses to the draft within the body of the of the design work that we're working on right now or it will actually have a staggering sum of that some of the properties will be you know 15 feet from the edge of the pavement some of the properties will be 20 feet from the edge of the pavement what we don't want to create is a picket line on the front of the house that's what we want to do is create some texture to the neighborhood and by doing that will move the houses in and out depending on the site and the location and the view quarters that we're trying to create the reason we're saying that that that several we're basically seeing the sidewalk is not a necessary component of this type design and the reason for that it's like I stated earlier the only place you're going to be going if you're walking out there is is within that neighborhood it's all once you enter into that neighborhood is like being in your own backyard the entire neighborhood becomes one and the same if we if we tried to put sidewalks in there you'll be talking about chopping this green belt right here is where you'd have to put those sidewalks and you're not going to segregate the the pedestrian traffic significantly enough from the vehicular traffic that you're going to create any additional safety zone because you this is not a curved type street this will be a rollover type to curb the high point will be the street and everything will break back to the canals so we just don't feel like it is consistently with the image that we're trying to create out there and by leaving them out we don't believe that we're creating any pedestrian safety issues or driving issues because this is Oakley you won't be going any faster on these streets and you would pulling into your driveway and going toward your garage what about it you parked in front of the home and people parked in front of the homes and children were riding bikes or out playing that's a possibility too right that's that's a possibility but but quite frankly if there are riding bikes there as in most neighborhoods are more likely to be on the street than they would be on the sidewalk anyway one of the things we'll be looking at with this development is some common area parkings and common areas and wide spots where you can pull off because one of the things you've got to keep in mind is that you know if you've bought one of these homes for example and you were going to have a party not everybody you invite to the party lives there so there would be guests coming in there would be a requirement for additional parking so those are the kinds of things that will be detailing out as we move towards a planning process and the engineering approvals the the variance associated with the pud is simply that that not being mandatory requirement within the body of the development would there be room on these streets or a school bus to go down the streets yes the streets and the cul-de-sacs meet all the code requirements for a standard residential street within the City of Lake City it's only the right-of-way the width of the right of way that we've shrunk we haven't shrunk paving the requirements will still meet those requirements so a fire truck school bus any of these type vehicles could traverse the streets making normal turnaround within the body of the cul-de-sac and leave the development just as they would any other subdivision or into the street because I know that there's some that some of the streets that we have that are private or just some subdivisions where they have to walk down to the end of the road because they're not able to turn around so thank you that's how I have counseled Nelson is briefly I ever wear that cars located why wouldn't if he had three or four maybe five cards why would that cause of safety issue without sidewalk without a sidewalk because again the traffic we're expecting out there is going to be just like that it's going to be a parked car you're not going to be going any faster in that area then you would in your driveway if you were going to the back of your driveway the other thing is we've got the street without there so if you have a car parked on either side of it there's still room for a vehicle to Trevor it's the center or for that matter of bicyclists for pedestrians or anyone else it it's not so much an engineering issue and we're not trying to save money what we're trying to do is create an environment we're trying to create buzz that's feeling this look to where once you're in that subdivision you don't have to get all the way to your home and be in your backyard before you feel this this neighborhood feel you feel it as soon as you come through the gates and you become part of that community council McCollum's just one other thing they'll just to clarify I know we're talking about sidewalks the sidewalks actually going to be to the east of this road correct out on Davis Road where the fence is that correct and so there is a sidewalk that's going along with it I think everybody's getting confused there's no decide well let me put another map here from money you still have a sidewalk but it's outside the gates for people to walk down the street that'll work pretty well the the photographs we were just looking at photographs we were just looking at a few moments ago would have been in this area here here your streets here your canal and your canal and this would be clear creek coming around here so these Lots would actually front on clear creek the sidewalk we're talking about will be out here on Davis wrote and it'll run from here all the way up to there and that will accommodate your public pedestrian traffic that is that is moving back and forth long day before ever and that's where I said while ago about a third of davis road has sidewalk some cases both sides some cases one sad if we put this piece in there it'll be a big jump toward getting a sidewalk one into the other ultimately leaky boats going down this tonight yes yes these canals I think the design parameter run that's 50 feet so so you're you know you're not going to bring on you're not going to bring a young you know but a ski boat small sailing vessels I canif it'll certainly be able to go in their boat list I don't know what the plan is for that are you know that's that's kind of getting into the architectural design scheme and I don't know whether they're going to have boat lifts or whether I would anticipate that they're probably going to have some Heights requirements to keep that low so that you don't obscure the visibility but that's just an opinion I don't know that any other questions for mr. Hall okay thank you is there anybody else I'd like to speak to this issue we thank you mr. mayor city councilman my name is mike conway i live at 793 davis road I've owned a home marina point for over seven years my house and those of 29 of my neighbors are just a hundred feet from the South property line of this proposed development so we will be the most immediately affected by it personally I think that the proposed plan is a superior use for this tract and then it will positively affect the Davis Road neighborhood and be minimally intrusive to the neighborhood I think if it's built as proposed we'll all be very proud to have it in Lake City I think it's going to be that nice and so I urge you to vote in favor of it thank you thank you anybody else my name is Bob Ward I'm president bring appoint the kind of any association and I just wanna say that I want second Mike's motion that we think this will be a great use of that property and help all our property values is quick looking for going to fort one of those thank you good evening I'm Larry read i live at eight nineteen Davis Road and I want to add my support to this development as well thank you thank you sir their counsel for the record my name is Chris Holman and i live at 23 32 crow's nest dr that's down a davis road i'm also a member of planning zoning commission as you know and the NZ did recommend approval of this overlay but i'm really speaking tonight as a longtime resident of davis road and lee city was a little surprised at P & Z when there was quite a bit of negativity that came out against this requested overlay zone oh just to give a little background my wife and I have lived at the wharf uber account on there in 1979 Wharf was the first project on Davis Road in fact that's why Davis Road was was built at that time actually paved and we've watched Davis Road to kind of build out through the years and this 40-acre parcel is the last undeveloped parcel down Davis Road and we've seen a lot of different plans over the last couple of decades a couple decades ago high density apartments were proposed and attempted and then higher density residential and we really think that that what is being requested this evening as far as the overlay zone and the concept is is absolutely the best plan that that's surface in a quarter century before that track and the reason being is you know I'm comparing it to what else has been attempted over the last 25 years what exists on Davis row you {00:00:44}

Common Values

Value	Count	Frequency (%)
{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	1	0.5%
{00:00:00} and that's all I have thank you very much you're welcome to stay and do you like the next next item might be a little one mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that have a lot of interest both the technology report and the M charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to an ex meeting and begin with the a CLC report and and give it its due time and interest then I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion is sex all those in favor please say aye aye aye if that's up I goes against one against four left be noted for eyes one name right so we will move what would have been g7 formerly g5 to a future meeting the next item is jeez what was formerly g6 decision regarding the Charter proposal received from the Community Learning Center schools um this item tonight as you know we had a public hearing regarding the new charter proposal I would also like to note that there was a request directed to myself and the board for a postponement of this item and I have responded that we are not interested in postponing it but going forward with the item tonight so on november nine 2007 the district received the charter proposal from Community Learning Center schools incorporated the proposal describes a k-12 educational program to be known as in CLC which is an outgrowth of the highly successful a CLC program the new charter school would initiate a k5 program while expanding capacity for grades 6-12 enrollment in the ACL model to analyze the proposal I formed an evaluation committee made up administrative staff members as well as outside consultant Chuck cadman our charge was their charge was to evaluate the ncl Charter proposal in the light of current law board policy and the model charter school application adopted by the State Board of Education as is the case in all charter evaluation the final rubric was to be the criteria for denials as recited in the charter school act with all due respect to the ACL see staff that authored the Charter proposal it quickly became apparent to that committee that the ncl Charter proposal was seriously deficient a summary of our initial findings in the format of a criteria for denial is attached to this report and I asked Chuck cadman who facilitated our process to come forward and present those findings I am recommending that the board adopt the findings contained in this report and deny the Charter proposal from the learning center mr. cabman thank you super netted a lien board members I'm going to apologize in advance my voice is going to be a little raspy our granddaughters are very good about sharing whatever germs they're harboring at any given time and that's what I'm dealing with now before going over the initial findings of the committee that the superintendent form i want to say word about why i think it it quickly became evident that the Charter proposal had a number of shortcomings it's a very human kind of an error if you think about the fact that a CLC very successful program it would be natural to build a new charter proposal kind of on the shoulders of the old charter proposal but but while that is a very human way to go about it it doesn't work it doesn't work for three reasons first of all every charter proposal has to stand entirely on its own it is a contract between the charter school applicants and the school district you cannot incorporate by reference practices that are written in another charter or in another MOU and say we're going to do it the same way because there is no way for accountability to obtain to something written in another document I mean obviously if if the other school if a CLC in this case begins to do something different then what does that mean for the new charter that's reason number one you can't piggyback one charter on another reason number two is a CLC is a very dependent charter school in one can sustain the argument that the successes of a CLC are in large measure the successes of the school district why a CLC came into existence as a district school it was very heavily subsidized up until two or three years ago by the school district and even now there are accommodations provided by the school district for a CLC that are that I don't know that I have not experienced in any other relationship between a charter school and a authorizing entity by contrast ncl c is slated to be an independent charter school to be their own public school employer so that further makes the point you can't piggyback a new charter on an old charter especially when they're going to be such different animals and finally from the time a CLC was approved until now there been a number of changes in law and regulation we have the model charter school application adopted by the State Board of Education none of which a CLC had to deal with and as time has gone on has never really been fully reflected in their charter but just simply we put it in an MOU and that's very that's very common that meant that in retrospect in putting together the incense ELC charter it would have been wiser to start from scratch making little or no reference to the pre-existing program so that it was a self-contained self-actualizing and a document that led itself to accountability now I say that by way of a little explanation to myself because these are very very bright very capable people and so how did it turn out that the Charter proposal resulted in 13 findings 13 initial findings from your committee any one of which would theoretically be enough for the superintendent to record recommend denial and by the bear by the way I'll just go one step farther and say our 13 findings are not represented to be exhaustive when it became clear that the Charter proposal was not viable we didn't go along and try to catalog everything that would need have needed to be changed to make it viable but rather just put together this representative report to you now as our della mention in accordance with the Charter Schools Act any set of findings have to be based upon the criteria for denial set out in the Charter Schools Act of which there are five and in our initial findings to you first we mentioned criteria for denial number one that the proposal describes an unsound educational program well our committee said no that we can't say that it is basically a sound educational program however our committee did say please note down below under criteria for denial number five you'll find some comments that do have to do with of the instructional program criteria for denial number two is that the applicants are demonstrably unlikely to successfully implement the program described and the committee said no that's not true these are very capable people we can't make a generalization like that but again do see down below in criteria number five some points that pertain to how the likelihood of successful in implementing the program criteria for denial number three is that the proposal didn't include enough signatures and in fact it does so that's that's a moot point criteria for denial number four is that other proposal didn't include the necessary affirmations regarding non-discriminatory operations and again it does include the necessary affirmations so all 13 of the findings come down to criteria for denial number five that criteria for denial and the law says that the proposal did not include reasonably comprehensive descriptions of the following and then if you had a copy of the charter schools act in front of you you would see after that colon there's a list of what we call the required elements there's 16 of them in number a through P all 13 of our findings then have to do with the fact that we believe that that in these 13 instances the narrative did not include a reasonably comprehensive description and that's what I'd like to quickly go over now required element a has to do with the educational program and our first the first of our initial findings has to do with the fact that the ncl c program excuse me the NLCS see a proposal this assumes that that they should be able to based upon wording in the a CLC operating agreement assuming that the same agreement would be made queer by n CLC students would be able to take classes on the comprehensive high school campus that's an example of a mistake of trying to build one charter upon another it's highly speculative whether in fact that's going to be that would be true if for no other reason and the geographical issues whereas a CLC is in fact on the anson on campus the second bar findings has to do with the facility issue now the Charter Schools Act assumes that a charter proposal will talk about the suitability of the prospective facility in this case of the NLCS see charter proposal does not it simply says they'd like to be on an elementary school campus at least there needed to be some discussion about well how would that work are the classrooms are the fixtures are the P the PE equipment how does that fit for a k-12 program maybe it fits great and maybe it doesn't but it's an example of something that needed to be included to constitute a reasonably comprehensive description the third of our findings has to do with the fact that reference is made to the successful a CLC program but whereas this program and the new charter would include k5 there's virtually no detail about the k5 program which in fact would be required by law the fourth of our findings has to do with staff now there are clearly some stellar educational experts who teach in your elementary district who are part of this to be a part of this program and the Charter proposal assumed at least as initially presented that leaves would be granted to these folks well it became clear at the public hearing that's not to be the case so we're left with the question would will these folks upon whose expertise the program will be so dependent will they be ruling to resign from a tenured position to become an at-will employee in the new charter school maybe they will maybe they won't but without that information it is not a reasonably comprehensive description the next of the initial findings has to do with special ed the model charter schools application requires that a charter school applicant in their narrative describes their understanding of their responsibilities in the arena of special ed even if they take the default position of being a school within the district for purposes of special ed the state board of ed says at least you need to talk about your legal understanding of what your responsibilities are in terms of identification timelines processes etc which in fact was not included in the Charter proposal there is a section in the NC LC charter regarding English language learners which says that they'll receive placement and ongoing assessment through the school district of and sense of in the subsequent communication from the charter school applicants they've acknowledged that was just an editing error that they realized that that in fact would not be the case and the final instance of our initial findings having to do with the instructional program has to do with the discussion about closing the achievement gap among various racial and ethnic groups within the community there was discussion at the public hearing about whether a CLC in fact had been successful in that endeavor and to the extent that the new charter is totally based on the a CLC model there is at least a reasonable question to be asked about how would the new charter go about closing the achievement gap among racial and ethnic minority students moving on to required element D which is the governance structure of the school there are three points here raised in our initial findings the first is the State Board of Education says you should include in your charter some information about how you're going to train board members how you will keep them moving forward as as as an if as an effective governance structure in your charter school which is not included in the Charter also the model charter schools application requires that there be information about systems and processes by which a school will keep track of financial data and compile information that is entirely lacking from of the new charter proposal instead they say we are going to employ ed Jack and we're going to use teksystems now I have all the respect in the world for EdTech I've worked with them with EdTech and a number of charters but it's not sufficient to say that in a charter legally you have a fiscal oversight responsibility you need to know who's going to have charge of cash how r power spending decisions going to be made how's petty cash going to be handled what is the bidding threshold how our records going to be kept none of which was included and finally one other in that same category the model charter schools application requires that the budget include notes which clearly describe assumptions and revenue estimates if you ask me whether the ncl see budget of balances I would have to say to you I don't know and the reason I don't know is because there was no page of assumptions now I don't mean to make an invidious comparison but you're aware that the district has received a new charter proposal I believe you you have scheduled a public hearing for that two weeks from tonight well if you look at that new charter proposal you'll see the financial section starts with a whole page just on assumptions those assumptions tell us how much they're going to pay teachers what the benefits are going to cost how much they're going to spend on supplies and equipment with that which accident which will fills the same function that a legend at a map fulfills a smart person like lose who can understand Gatsby 45 can look at those assumptions and say yeah that budget is viable or know that budget is not viable at this moment we neither one of us could tell you the answer to that question in terms of required element G racial or ethnic balance there was discussion at the public hearing about the demo student demographics at ACL see it raised a question about how student demographics should be viewed for the proposed new charter school and also we noted that in the Charter narrative n CLC would not allow promotion of K five students who don't meet promotion requirements to move on to the secondary school we simply raised a question about what that would mean in terms of racial and ethnic balance and then finally in terms of required element I the financial audit the law requires as a part of your fiscal oversight that any deficiencies in the in the audit be rectified to your satisfaction and in the Charter proposal how you would not even you would not be able to how to exercise that responsibility and again in the subsequent communication from NC LC they have said that was a mistake that they would actually welcome the the financial oversight regarding errors and emissions and the audit so those are the 13 initial findings presented by the charter school evaluation admitted supernet a daily also communicated to me the subsequent letter from the charter school applicant where I know they'll go into it in greater detail but but a quick summary would be to say look we think we covered a number of the areas which the evaluation committee said we didn't to the degree that we didn't cover them here's some supplementary information which perhaps could be included as a as a and another as an addendum they also take issue with some of the discussion regarding racial and ethnic balance issues that came up at the public hearing and then finally the point that our della mentioned about the possibility of a mutual agreement to delay the vote on the Charter proposal during which time the Charter applicants would meet with staff members to work out any issues that were necessary to make the Charter proposal viable I mentioned to the superintendent that wall boards of education can do whatever they want to that would be rarer 0423 reasons the first is the notion is that it is the responsibility of the Charter School applicant to put together a viable charter proposal not of the responsibility of staff to meet with them and to help make that happen because see that sets up a really difficult situation for a Board of Education if in fact your superintendent or your super and Dennis designee is sit down and work out changes in the Charter and then it comes back in 30 days to you it puts you in a very awkward situation regarding the decision to approve or deny and it also puts the Charter School applicant in a difficult position because if in fact you still deny the charter school applicants as wait we did exactly what your employees told us to do so it is not something that school districts up normally do rather what normally happens is if a charter school proposal is denied there is an automatic appeal right to the County Board of Education which may come to a completely different conclusion about a charter proposal and if it's not if it's not approved on appeal at the county level it there is an automatic right to go to the State Board of Education so that's normally what happens rather than of the 30-day extension and so forth so that concludes what I was going to say are there any questions or comments before or I take my seat as a part of process will take clarifying questions then we will take community input and then we'll have questions among board members so at this time clarifying questions David Chuck could you confirm as I recall from the workshop that you conducted a couple of months ago the Charter petition that were this board to deny the Charter petition that would could be appealed to the county to what extent is the original document the document that has to go before the county as opposed to incorporating some deficiencies or remedies to deficient yeah thank you for mentioning ash I should have woven that in the the county will require that the Charter proposal that they take under appeal be the exact document except where a change has to be made to reflect the possibility of a new authorizer for example special ed will clearly the the the Charter which would be appealed to the county couldn't say alameda unified will do the special ed because that would no longer be a possibility but except for those those one two or three instances where there has to be a change there can't be any changes and the same by the way is true when it goes to the state though I have seen the State Board of Education since they're the the top of the food chain sometimes they'll mix up some of their own rules about negotiating some changes but theoretically it's supposed to be the same document that was denied at a lower level in terms of what is if we if it is denied is there a form that we fill out or do we is it just similar to what what you have here that's sent on uh-huh yeah good good question Janet the Charter Schools Act says charter school act is written in the positive it says you will approve a charter unless you make one or more findings and those findings will be in writing based upon these the criteria for denial that we just went over now in some districts I think they do something that's kind of unfair they make the Charter applicant if they turn down a proposal they make them wait for a couple of weeks for for the document that lets them go appeal at the county level so what we do in those occasions that a charter proposal is going to be turned down we put the initial findings in writing and if it is your decision tonight to deny the Charter then the report that you have in front of you would in fact constitute the findings and and if that is your decision a motion could just be to deny the charter based upon the findings contained in the memo of such-and-such a date or and look that's actually the recommendation that I've made it be adopted that by if you if you so choose and in fairness I want to say this to Janet let's say that of these 13 findings maybe two of them you don't agree with so a person could certainly say a based upon light the initial findings and such and such a memo except item number two under required element a or something like that which would allow Kathleen the next day to produce a document where the findings that are not included in your motion would be excised to David's question I've just to clarify with regard to you mentioned that there may be that the application goes forward the proposal goes forward just as it came to this board it would go forward to the county or go to the state board with it with the exception of a change in the MOU I guess with that like he makes it special education and it seemed to me that maybe you were talking that that that were you saying that this board if it went to the county that our board would not be the authorizing agent that's correct yeah and so let's go back the MOU now really doesn't have any no mo you has anything to do at this point right now all we have is a charter proposal which they have brought to you saying we would like for you to be the authorizing agency if in fact a local board turns it down they say no we will not be the authorizing agency then they would take that exact same document except where it had to be changed to reflect the new potential authorizer and they would take that along with the findings upon which the denial was based and that would be what would come before the county board would that change the relationship if the county board approved it would that change relationship between this board and the charter that was approved well sure I mean there would be no legal relationship if the County Board approves the Charter there is no legal relationship between the school district and the Charter that's unapproved on appeal though do recall a different arena is prop 39 facilities prop 39 facility rights do not devolve around the issue of who granted the charter they devolved based on where the kids live so that's the one thing that is unchanged and so my other question is that when could the the Charter reapply either within it that for the same program with a different application or how many reapply these do they have reapplied if this is denied could they come back next month and say we have another charter proposed back to you yes and backed God the law is silent on that issue hypothetically they could come back tomorrow morning with in it with a new proposal after at the district level Mike any okay at this time clearly this is a popular topic we're going to be here if everyone speaks their full three minutes we'll be here till past eleven o'clock so as a courtesy to all speakers try to keep your messages as timely as possible and we'd all appreciate it yes it's public ama it's just public offices anything public comment so again I'll just point out again yellow red lights green is start of the three minute time yellow is you have 30 seconds remain the red will be the three minute time limit so the first speaker will be just Stevens thank you ladies and gentlemen the board you are discussing a charter proposal tonight because some parents teachers and administrators believe that we're not doing enough for their students they see as I do a problem with educational system in California and to some extent the United States unfortunately we do not agree on what the problem is nor how to fix it their solution is to secede from public education and start their own school free from a lot of the bureaucratic and fiscal problems that face non chartered public schools so I want to ask you about another school district little bit south of here 10,000 students ninety-four percent minority eighty-two percent free and reduced lunch thirty percent transient population who is going to champion their charter schools who's going to be in a rush to give them the edge that those students want by their parents who's going to tell those students that they do not deserve the best education we can provide because their skin is too dark because their parents do not drive bmws and Volvo's the teachers in that district walk into their classroom every day making half of what alameda teachers make and yet those teachers don't complain about not having enough resources to meet the Williams requirements nor do they blame the schools nor the students were being born into poverty the ultimate blame ladies and gentlemen the audience and viewers at home lies with us we the moral and social conscience of California have allowed this state's educational system to sink into a segregated morass of bureaucracy and fiscal gerrymandering we have squandered the future of our students in our next generation by doing nothing to correct the educational problems the collective we have created California is the sixth largest economy in the world and yet we have gone from being number one in education to being number 34 at that time the United States has gone from being number one to being number 24 of the world's dirtiest economies we are in the bottom half of the bottom half under the best of circumstances I do not personally support charter schools they do nothing to fix the underlying problems of equity and only serve to exaggerate the problems of funding and accountability if all of us really want quality education then let's fix the system for everyone not just the few i urge you tomorrow as everyone sends emails and text messages to each other regarding this meeting to send copies those text messages to your legislators to congressmen to your Senators to everybody you can find with an email address let us take a page from paddy Chayefsky and Peter Finch let's tell Sacramento that we're mad as hell and we're not going to take it Thank You Barbara Khan I for the record I was involved in a discussion maybe 30 years ago about one high school with two campuses I'm dismayed by this attempt of a small group of teachers to create an unclaimed of inequality in our community this may not be the motivation of the teachers involved but nonetheless it will be the outcome of their effort purporting to be a school that works to create good sis and Paul Benton's the person in charge of creating good citizens has stated that it is not his concern what happens to the rest of the children in alameda this is hardly good citizenship it's hardly worthy of alameda it gives a lie to the application in the state of Louisiana they were almost no public schools with few exceptions all schools are private or charter only the porous media still dhryn attend public schools from this thinly veiled privatization organization of public education I'm part of a group of women called the brown bags women who have been passionate about public education and about Alameda schools for over 40 years we thought successfully to have the school board move from an appointed one to an elected one we were instrumental in having libraries in all schools we volunteered in classrooms libraries and on district committees two of us were elected to the school board some of us are no longer alive but most of us are pushing 80 we became involved because we had children at school and now we have grandchildren we wanted changes and improvements for all children not just their own some of us explore private schools and could have afforded them but we recognize that of women like us passionate about schools and education withdrew from the public schools there would be no progress and all children would be damaged where is the conscience of the supporters of this proposal and with district has survived school board recalls boards are cared less about children and their education the Nevada Paula agenda but this is probably the most destructive assault on our children that we have faced it's the responsibility of this board to see that all children and Alameda are properly served to allow a group to experiment with some of our children is an abrogation of that responsibility this should be denied as an experiment that is irresponsible self-serving and without merit thank you thank you Andy cured hello so I'm not against charters in principle but i'm not in favor of this charter you know with the level of detail that's in the current proposal i'm not at all confident that it's going to meet the educational goals that have been laid out for grades K through 5 also not confident it's going to give the improved results you know for historically underperforming groups that the Charter application claims is going to target I think the thing that stands out the most is a lot of the applications predicated on the current program and the current performance of a CLC which let's face it achieves fantastic API scores but you know the realist in me says you know that's as much to do with a high caliber of students go to at ACL see as much as it is to do with the program that ACL sentiments I think a CLC services are niche in alameda and i think the current child replication is aligned along the same lines so anyway i'm not as eloquent as the gentleman who just spoke to the district i think the district's recommendation gives you plenty sufficient grounds to denied application within the criteria of the law but obviously i can direct my comments a little outside of that i owed you aside from denying application I want to echo what we heard for the first time tonight from the secondary task force and that is as a board and as a district look for every opportunity to implement magnet programs and charters that are going to offers that the diversity of choice for all alameda students without the negative impacts that the currently proposed charter would give you no choice is a great thing especially in public education but no one it impacts a huge number of students simply to deliver benefits to a very select few thank you Ian merrifield good evening my name is Ian merrifield and I am Encinal high school's student body president I'm here tonight for two reasons first of all I feel it's my responsibility to speak out against a charter that will adversely affect not only and snell students but students throughout the district while I admire and commend the desire to provide needs of alternate alternative education it should not come at the expense of the rest of the district students well I understand that you cannot legally deny this charter because of economic feasibility I'm hoping that these arguments will per se will persuade you to find other means of denying it secondly I am here because bill saunemin and Snell's beloved former principal asked that a student read a letter that he wrote regarding the proposed charter he couldn't be here tonight because he's in San Diego visiting his daughter and his new baby grandson board members as the former principal events until high school for six years I experienced firsthand the relationship between EHS and a CLC it was strained at best I always welcomed the ACL see students as they took classes mostly AP and world languages played on athletic teams and participated in a myriad of EHS school activities however the a CLC adult leadership fully took advantage of all EHS offered picking and choosing to meet their needs they used a threat of proposition 39 and litigation to get what they wanted I struggled with a CLC never stating publicly my displeasure with the charter school the alameda community does not need a new charter that fully embraces the tenets of proposition 39 that states that a charter is exempt from most state laws and regulations a new charter would negatively impact the a USD neighborhood school policy our district is losing enrollment we do not need to lose more we should be working to market and showcase our existing schools to the public under a model of continual improvement and innovation not supporting a new charter therefore as the parent of three public school graduates and Alameda resident and a former a USD administrator I heartily oppose the approval of the proposed k12 charter and I encourage your no vote bill song members of the board I encourage you as you make your vote tonight to very seriously consider the effects that this charter will have on the rest on the rest of our district students the board's mission to put students first implies a utilitarian objective ensuring the greatest good for the greatest number of alameda students regardless of how fantastic this proposed charter could be and I believe it's been established that this is at best a gamble the negative impacts that this charter would have on the greater alameda student population greatly outweigh the benefits for the much smaller number of students at ncl see tonight you will hear many a CLC students and staff members singing the praises of this proposed charter however there will be another group of encinal students speaking tonight hopefully helping you to put a face with the students will be adversely affected by the starter I urge you to vote no next speaker slip says encinal students I'm not sure whether we're allowing 9 minutes 43 people or three minutes okay okay three minutes thank you good evening my name is Becky Sotelo and I am the proud student body vice president of Encinal high school you may or may not remember me but I stood in this very spot last year speaking out against the proposed budget cuts well I'm back and although the situation is now different internal high school and the other schools in the district fear a repeat of what happened last year this new charter school will only create more problems for a USD this school will take students from a USD schools and therefore enrollment will drop this drop will cause a decrease in money all throughout the district thus cuts have to be made we know there is a huge budget crisis in California and this new charter school will only make matters worse while the idea of this charter school is fantastic in theory it is essential to keep in mind who will be hurt in order to make this a reality we will be hurt at Encinal high school the same programs will be put on the chopping block as last year and a new charter school will not be worth these losses for example last year on the chopping block was both Alameda high and Anton Ojai's college and career center the college and career center is an extremely valuable student resource providing intimate personal counseling for life beyond high school for students who otherwise would have no means of receiving that help this charter would make it even harder for the district to financially support such an amazingly important resource by creating the new charter school in CLC funding will essentially be cut from the two high schools ap programs if approved the quality of the AP courses and the opportunity to challenge oneself in addition to the preparation for college will suffer as we student-athlete I take part in many sports in school then are funded by the district youth that may not be best in math or history can learn teamwork discipline and make friends otherwise that they went out of mate if the new a CLC Charter is approved cups like the one proposed last year the high school sports teams would be greatly affected with the cuts made to programs and terminations of teams all together these are the voices of students that would be directly affected by this new charter school and there are thousands that are not here tonight but would be affected in exactly the same way so is it really worth it helping 300 kids in hurting thousands not to mention that we don't even have Eddie every any evidence that this school will actually succeed as planned it is not worth it it is not worth the money they will take from the district it is not worth the teachers that will be lost it is not worth of programs that will be cut it is not worth the suffering of our schools vote no thank you Barbara Mooney Barbara Mooney I am once again here asking you to deny the Charter for the ncl see and for the extension with all of the information that has become clear through this process there's no denying there's they are a selective private school we do not have a voucher system in the state and you cannot fund a private institution more importantly they are not an educational model to be copied a very wise person put on internet they have not built a better educational mousetrap they have nothing in their application lanes groundwork for any more of the same with the exception of the fact that they couldn't constantly take credit for what encinal teachers actually do maybe they should open up a school focusing on magic for all they seem to understand is smoke and mirrors Ashley Jones good evening fifty years ago I started teaching here in alameda and I believe in public education and this is not public education these people are the same people that tried to get vouchers through and didn't make it and now they're just taking another Avenue I think it's exciting the ideas of trying these new programs and you're going to need all your facilities to house these news programs I hope they come into being because the public as it now exists the junior high school is a total failure and needs to be completely revamped because my grandson does not feel safe in one of the in any well the one he went to and I'm now homeschooling him and my granddaughter next year is going to sixth grade and if she doesn't do what if she doesn't feel safe then I'm in a homeschool her because I have the capability of doing that but I don't want to I want them to be in public schools here in alameda and I'd like to see these new programs so that we can get our kids back in where they belong and I I'm glad that they didn't do a good application and I hope that they never come back novia con silvia con my name is Sylvia Khan and I've been an educator in the Alameda unified school district since 1990 i'm also the product of West End Alameda schools having attended Payton chipman and graduated from Encinal high school during my career with the district I have designed to programs most recently Bravo I was also instrumental in the dissolution of the small learning communities at Chipman including Bravo why because we were not closing the achievement gap although our Caucasian students from educated homes were thriving other students were not I signed on to teach all children and in good conscience could not participate and something called public education at the expense of anyone's child as the title one coordinator for both wood and chipman and the district sim reform coordinator I am proud of the work being done by my colleagues as a parent of a student at a West End school my child is receiving an excellent education as he will when I proudly enroll him at Chipman middle school in two years I'm here to say that as a chipman alum neighborhood resident and staff member I'm offended that a CLC has the audacity to claim that in any way they currently serve a representative body of chipman students and that they are now eager after 15 years to serve more it takes nerve to make the bold and baseless claims that the proponents of a CLC and the new charter have made nerve and the inability to admit one is racist and classist please as a parent educator and resident of the West End we do not need a school where 15-year red track record as of serving those who are already advantaged vote no to deny this charter and a 30-day extension to go back to the drawing board Thank You Vicki Smith Vicki Smith good evening I'm Vicki Smith I'm lifetime West End residents and I've been a community activist for over 35 years I'm work at Longfellow I serve families in transition and last year I served and gave services to 271 families and this is the first time in two years that I've had a home a place I've been bouncing and bouncing from sites to sites the numbers I serve is bigger than Alameda Community Learning Center we have a store where families shop for free and they love it a lot of district employees come and they bring clothes etc and the store is working wonderful it's a caring community after school programs has their office there at Longfellow they have a staff of 52 they run after school programs 47 schools and they have 1200 students that they serve five days a week until six o'clock in the evening Alameda family literacy has over 100 families men and women who work and walk there every day learn English get their GEDs go to parenting classes to learn life skills there are two childcare rooms I'm kind of nervous people that live in the community they walk there I walk there with them they come rain or shine pushing strollers Head Start is a preschool and it has been serving the community to in the families Alameda multicultural community center is there and it does three vital art programs at three school sites the superintendent has made several meetings to include teachers community members and parents and get their input I have not seen a CLC come for a site visit to meet people see what programs are up and running well or even asked for our input all these services are essential and vital to alameda students and the community if a CAC wants another charter school at the elementary school how would it work if people are already there doing programs for students family and the community I just want to say i worked with renewed hope on the massive Ixion's of harbor island um and that was very hard because people were pushed out and now it's upscale and they have not taken section 8 vouchers who's going to be pushed out for this charter school people that are already existing there and have lived in the community for years I watched people leave their homes that had been there for 30 years so we really need to think about who this also affects these families live in the community they are part of the community they come there for a reason and who's gonna who's going to be pushed out if they want to be at an elementary school and how can you use space that's already being used people exist there we live there that's our community thank you papi good good evening thank you for having us my name is ma fille gay and I will be the lead facilitator of the near Community Learning Center as a sin as the leader of Nia we have a unique opportunity to attract a diverse student opera population I am and will continue to work as hard as I can to attract and ethnically and economically diverse population I have 20 years experience working within directing programs for the disadvantaged I bring this expertise to Nia I have 23 years experience creating exciting award-winning and innovative education experiences I bring this expertise to Nia I have six years instructing teacher credential candidates and learner centered facilitator methodologies I bring this expertise to Nia and finally I have a lifetime of experiences as an african-american learner I bring this experience to Nia in the spirit of awesome educational opportunities for all learners I pledge my unwavering support of the NIA Community Learning Center thank you Adrian Lewis are you going wow there's been a lot of people up here talking about all the disadvantages of Nia and I wanted to talk about the hope omnia I want to talk about the choices every student should have a right and every parent should have a right to decide where his student goes we get paid we pay taxes and we should have the right to decide where our tax money goes and if the stoop if the arm if the education system is not working and when you take our money and put it somewhere where it does work and that's all i have to say like your Harris hello everyone I to I've heard a lot of negative things about Alameda Community Learning Center and I don't see any of those things I see the kids there bright and excited and they love being there my kid has been there he went through a lottery system we get in he didn't get placed in or the N hit any special treatment he went through a lot of a fair system to get in his excitement for school his love for school has just increased and you know his sister his younger sister she can't wait to go to a school like this and I don't understand how a failing system and in the public school system and I'm not just talking about the East End schools of alameda I'm talking about a lot of the schools that don't receive the same type of funding as the East End schools a lot of the alums and a lot of the charitable contributions I went last year I went to Lincoln and I SAT there as they were doing their presentation and orientation and just the money they were raising above some of the West End schools and we talked about what's fair not fair if you're not in that district or in that location you can't go to that school but here we have a CLC with a lot of highly educated facilitators and teachers will actually pouring themselves in the school and love it I've seen public schools where teachers can't wait to go home there's nothing giving back to those 35 kids they got in a class it's just they're tired you and that's not the case for all the teachers but here I see you know 12 students per class and the teachers actually giving their hearts I see teachers receiving awards for some of the best educators in the state of California and we're talking about this is or at least the comments I've heard here tonight as a bad situation I think that's crazy I think you guys need to really sit down and relook at what Nia could provide and I like some of the things that age of just said about the hope and I think that's what it's all about I think anytime you dealing with education you're dealing with hope and because that hope is the future of the young kids is coming up today I appreciate the the zeal of some of the kids over at this insignia and I understand how they feel but that money that's sitting there doesn't necessarily belong to Jess the the current system it belongs to folks who want to make that choice of placing their children in an alternative system and I think that needs to be looked at thank you guys for your time thank you Judy blank Judy blank good evening president and board members I am I'm taken aback by the energy that we saw at the beginning of the open statements the Alameda Community Learning Center was established originally with with the vision of the school district the reason that when charter is because the district wasn't going to have the money to be able to support the technological aspect of it and the only hope of it continuing as an alternative a learning situation is for it to go charter unfortunately we've lost a lot of our different the wood academy and raava and various other programs which served the needs of students young white and I go to a CLC and I go to a CLC because my child is having difficulty in the the traditional public school setting he's a much happier kid now because he has some freedoms that he didn't have before and that he is always needed in preschool he was having trouble because he needed that freedom I the people who are involved in the community learning center and who will be involved in are nothing but the best and I think they'll provide I think when a CLC started no one knew what was going to be like no one knew where it was going to go and and it developed into a program that has created with a niche for Pete for kids who need it I appeal to you to please approve this charter it is a need in our community thank you thank you Martin Martin carosi excuse me if I ruin your names as I speak them out Martin korasi thank you for inviting me um I look at all of you as representatives of our public school system but not necessarily the administration led by our superintendent you are serving all of the community in Alameda and this is critical I want you to be representing my view I want you to be considering the needs of moving the educational system in any way shape or form however it has to happen because it has to change and change is always hard but it takes vision it takes leadership it takes being strong to provide that vision that needs to go forward you are being asked to accept a charter proposal from them from a true and tried system that the issues that have been brought in front of you tonight our petty at the very most they are small they are issues that can easily be fixed by correction by the smallest efforts to deny a charter on those on those grounds is heresy it's absolutely would be a bad reflection on your vision and your leadership and I strongly recommend that you reconsider any kind of denial for this charter I've heard a lot tonight people have used this as an opportunity to come up and talk to you about their pet issues such as vouchers for schools we're not talking about that that's not our talk of it that's not our discussion tonight but they're using it for that opportunity they're talking to you how much they don't approve of private school education and disproportionate allocations to different groups this is a public school and I see it only working in alameda well if you as a board in alameda says yes to it any other authority granting this charter will not have the same effect on our children as it will if you as a community member says yes we want this I don't think that it makes sense for alameda county to be granting your and my kids this charter you must do this this is your time and your ability and your moment to say i am looking at you administration of a USD to work with these people to blend them into the schools so that they can get advantages that occur also in the other schools in this community whether that's a college whether that's a letak program we want to be able to walk through those barriers don't create them by denying this charter today thank you thank you Greg Holland reg Conlon thank you for uh thank you very much I I think I've know all of you at one time or another but just to reduce myself I'm Greg Cano and I was a partner with Arthur Andersen started division process back in the early 90s for alameda unified school district and we worked with the district for several years and trying to incorporate that into the school district and we help them start the learning center by investing a million and a half dollars and spending a lot of time and effort in starting this new concept Arthur Andersen has spent three years researching the the information that we tried to get implemented in this school and here 15 years later it's been very successful my understanding is it's on the top five or one percent of the state so you've got a very successful model here that they're trying to incorporate in other students in the district and not only in this island but it my objective is to get corporate America in the Bay Area to replicate this vision in other communities in the Bay Area and I will continue to work to do that whether you approve this or whether you don't but I would encourage you to prove it improve approve it because you're really it's talking about change people are resistant to change you have to sacrifice for the better good i mean i was in washington DC this morning i was at mount vernon on saturday and you know i was at the Arlington Cemetery sunday and saw 300,000 people that are buried there who sacrifice for the better good so it's going to be a burden on you to approve this you are going to be criticizing some of the students and encinal and alameda are going to probably lose something but you are you sacrificing for the better good I mean think about what you're what you're doing if you turn this down I mean your own people agreed that that it was going to be a successful model and there was a sound education program and it was going to meet to discriminate discrimination objectives of not discriminating so the three basic things that any school system should have you agree with and I do agree that the things that that they're raising as objections or can be worked out I mean I'm a lawyer you know you have they have due process if you raise criticism if you've got to give them an opportunity to respond I mean you got to let them fix whatever it is that you think's broken and come back if necessary if you think they're serious without just turning it down without me you can't make deficiencies without giving them an opportunity to respond will you do it because otherwise you're going to just go through this process over and over it's going to waste your time and there's sit down as reasonable people make it a win-win situation make sure that you get your input and their input but don't stop something that's successful I mean change is always hard for all of us to accept and we each have to suffer a little bit to take the changes and that are better than for us so I just appreciate being here tonight and I've been following this and working with it for the last 15 years and God willing I'll be here for another 15 years so you're not going to get rid of me but I I do hope that you that you approve this project tonight I that there's anything i can do personally i'm going to be here to help thank you very much great Thank You Cynthia young Cynthia young she left ok Carlton grizzle mm-hmm my name is Carlton grizzle I'm here to speak to the board and to Alameda parents present at the meeting and who might be watching us tonight I'm here to speak about empowering parents the governing structure de CLC is based on a parent learner facilitator alliance that depends heavily upon parents guardians at every level of governance from membership on committees to voting power on our governing board a CLC families are involved in every aspect of school governance including finances curriculum extracurricular activities and more parents have tremendous voice in our school this parent learner facilitator based governance structure has served a CLC successfully for over 12 years and has resulted in the award-winning school we are the new charter school Nia Community Learning Center will have this same type of governance structure based on a significant parental contribution due to our desire and ability to empower parents parents the state of California is trying to empower you to do not mistake despite the claims otherwise our critics number one concern is financial impact on a USD they are speaking as if we are robbing the district of something they own those critics are acting as if a USD is in is entitled to the state provided educational money of every child in Alameda those who don't want the school to be chartered don't want my daughters to go there they don't even know their names to them my daughters are simply 5777 dollars apiece here's the fact that alameda family should know the money does not belong to a USD that money belongs to our children as parents the state of California has recognized our right to have a voice in where that money goes for their public education that's why the charter school laws were passed that's why there is money available to charter school money that increases every year and that's why there are only five legal reasons for a charter petition to be denied and the financial impact on the district is not one of them finally many may not know this but a USD on the Board of Education has set precedent and empowering parents by giving them the choice to send their children to schools where they will be served best last year a the a USC commissioned demographic study in there were nearly 500 students from other districts the majority of which are from Oakland attending Alameda schools a OSD on the board recognized the importance of giving oakland universe of choice regardless of the more than two million dollars per year that Oakland Unified is not receiving despite oaklands financial troubles a USD and the board have recognized the importance of choice of open residents who have chosen not to give their children's educational money to Oakland Unified but if instead brought their money to Alameda they understand that the financial impact of taking 500 students from ousd is irrelevant compared to empowering parents to have choice we are prepared to create another charter where parents will be empowered and we want to create in a district but we have a board of education in favor educational choice for an entirely different city my hope is that the board will be in favor of empowering families to have choice in their own community and by the way that petition you received mr. chef is nearly 300 signatures of parents who believe in power of choice here in Alameda thank you thank you Brian Rodriguez Thank You members of the board and superintendent daily I've been a classroom teacher dense now since the beginning of what was then referred to as the secret school or Arthur Andersen Community Learning Center's now known as a CLC and I've seen it grow and develop I've been recognized on a state national level by various educational institutions universities national magazines as an innovative educator and the college board certified my advanced placement classes in Encinal high school I've collaborated with many of the a CLC facilitators on various projects I respect Paul Ben's who serves as a chief architect of this current application and I consider him to be a dedicated educator I've gained additional insight into a CLC because I teach advanced placement classes at insa now high school and have had the privilege over the last five years having many a CLC students in my classes and can attest the ability and drive of those students as well as the support of their well-to-do parents however I do not believe the a CLC model has much to do with their achievements and I'm against expanding this model originally Arthur Andersen Community Learning Center was a well-funded and innovative program led by experienced and exciting teachers the equipment was first-rate the computers were modern the class sizes were small and the learning seemed to be exciting but that was then today a CLC is a dirty chaotic and crowded environment where many of the students flaunt the rules the army the Unified School District riding skateboards through the hallways walk without passes out of the center whenever they like and make a tremendous amount of noise disturbing the ongoing classes and it's now as a parent I often wondered parents actually see what's going on over there students sprawl on couches tune out the world on headphones play hide and seek in the parking lot with few exceptions the higher level learning as well as the physical and social needs of the students are outsourced by a CLC and what educational advantages are there in this innovative program the ACL see advanced students take AP classes at insa now our school in any of our 12 AP classes or go to Alameda junior college that is exactly the same as students at Alameda high score and snow high school for physical education they go to the old navy base from music they take band acquire a guitar denson al to play sports they play an instant out sports teams for social needs they attend our assemblies and dances the classes taken the center our basic mixed grade levels which leads to mixed results the honors class is giving at the center are not recognized by the UC system and they teach no AP classes as they lack certification by the college board however the clear success of the ACL c program is that they've been able to maintain high standardized test scores by selective admissions and a clear failure to serve alamitos large population and english language learners agents blacks Hispanics or the development and disabled who go to school the rest of the schools now almita the student population does not represent the west end ave alameda or alameda high school the lottery system currently employed by a CLC has not worked to diversify a CLC despite claims of the fact of neutrality as the majority of the students at a CLC are white and privileged i do not think this is the model for for a distinguished school and i urge you to turn down this application thank you jacob powell good evening board members my name is Jacob pal I'm a facilitator at the Alameda Community Learning Center I teach American government economics modern world history US history ancient world history in the sixth grade physical education of the middle school I do the technology and I also teach a technology class I've worked at the middle school level in the high school level for 10 years and I have been at a CLC 44 on top of the classes that I teach I'm also on the program evaluation committee which is made up of learners facilitators and parents I am the union representative and also a union member I'm also a member of the Alameda County teacher leadership cadre and social science and on top of that I'm here tonight to talk to you and what I would like to say to you is that we need change we need to get away from the status quo the speaker who just spoke and many of the people who spoke tonight have never come through my door in the four years that I have been at a CLC they're talking about someplace they've never been they've never looked at the model they've never experienced the model of Education they've never SAT through one of my classes one of my honors classes US history honors and American government honors which are all you see certified so for the people behind me to speak about something about which they do not know i think is valency izip you I support vaniya Community Learning Center and I would appreciate that you supported as well Wow hello I'm pilau and I'm i work at ed tech we provide business services charter schools around california including about 15 in the bay area we worked on the budget with the developers and i just want to take some issue with the pretty blanket statement that there were really no description of what the assumptions were and I and I'm just holding them here I'm holding the budget that was submitted right here and every line item has a description of what the assumption is so I mean I I'm if you just read across in a matrix format you'd see general purpose k through 3 and amount and then the assumption and where the assumption came from so and you just go down that page after page you'll see notes page after page so I'm a little confused as to why exactly there was a comment that there were no notes and this was a PDF so I'm assuming that that is what was actually submitted but in any case I am here to answer any questions if there may be questions about the budget I did leave my information with with loose and I and I know Chuck knows how to get ahold of me so if there were any questions previously we could answer them and i'm also here tonight Thank You Corey Fenton hi I'm Lori feta and I'm the community representative on the board and a volunteer financial officer for a CLC I'm here tonight to talk to you about our planned role in the community and to give you a little bit of financial information we recognize that a CLC was started originally to provide a innovative educational program on the west end we have providing innovative educational program we've had successful test scores and we've served some lesson students but the only way that we can serve more that we can bring our choice to more people in the West End is to be allowed to expand the ethnic mix that we have now has been about the same for the last five years we're close to the district percentages in African American and Pacific Islanders we are over the percentages for Caucasians and we're under for Asians and Hispanics like other Alameda public schools would give sibling preference and so only about ten percent of our learners can be new each year with the required random lottery it's hard for us to move the mix with just the school we have now but with an expanded opportunity in the center we can serve more West End learners we look forward to working with the district to do rigorous analysis of the impact of our educational model I don't think that was three minutes so please continue do we have high test scores and a smaller achievement gap because of the people we attract or because of our longer school day or the commitment of our facilitators do we have significantly lower discipline problems because we have a learner ledge additional system because our parents volunteer at the school or because kids that have a tendency to fight don't want to all in our program will gladly work with your staff to design scientific studies to help assess these questions but the people that assume with no evidence that our model will not help academically challenged West End kids who assume that those kids need to have it tightly scheduled back to basics curriculum to succeed are also displaying their own type of prejudice we don't claim to be the right school for every kid but we believe that more of them deserve the opportunity to try our model on the financial situations Peter said we're happy to review the assumptions with you will provide information including the confidential salary assumptions to your staff and we welcome your oversight on any audit exceptions that may be raised we'll do whatever it takes to bring successful educational choices to the west end of all in all of alameda kids my kids graduated six years ago I have no personal interest in this our school would be fine the way it is without growth but our educators our community are committed to expanding the PIAA number of people that we can serve and that's why we asked you to approve this charter thank James venable I want to respond to the criticism that we did not provide a comprehensive description of our k5 program I worked on the cake I part of the Charter our vision for the Charter application and the appendix in is the same as the vision of public education to teach all children basic academic skills we plan to achieve this by implementing a balanced curriculum broadening literacy instruction and fine-tuning assessment by providing a balanced curriculum we are not only concerned with what we teach but how we teach it powerful teaching is responsive teaching that is based on the learning styles and the cultural backgrounds of the learners as defined by gay sooo bad Geneva gay and G lanston billings the nia charter school will use research based instruction that draws from many areas including linguistics cognitive psychology socio psycholinguistics and from ongoing classroom practices developed at schools of education such as Columbia University's teacher college with Lucy Calkins stephen krashen from the University of Southern California Shelly har Wayne at the New York City school system among others all members of the National Council of teachers of English our approach embraces a progressive ideology that recognizes that language is best learn in a meaningful and purposeful context when students are engaged in authentic language use three things happen they learn language reduce language to learn and they learn about language therefore they will learn to read but also learn read to learn we plan to broaden literacy instruction to include not only conventional reading and writing but digital visual and critical literacy we believe for a child to be successful in the 21st century she must know how to use these literacy skills we will fine-tune assessment yes we will use traditional measurement tools for accountability but we will also use data that comes from an offer observational context evaluating learners individual processes and the products in addition learners will participate in the assessment process of their own learning finally air vision includes hiring staff members that understand and choose to participate in this vision of educational change thank you we've in the question Linda McCluskey appreciate this chance to speak to you again I worked on the k5 part of the program in the proposal and will speak to you about some clarifications but I want to tell you that as a teacher when I was here I felt empowered by this school district to make change I felt him empowered to look at myself and the way I was raised and recognize where I was raised with racist thoughts and where those got into the play into my way when I was teaching I felt empowered to integrate my special day class with a regular class I felt empowered to make changes at an amazing program at paid and some which is still surviving not too much but a program that was much like what we want to do for the k5 etnia Hayden if you can picture that has a central Learning Center and many classrooms around it that's really the effort behind what the k5 would look like we realize the k5 student does not in any way shape or form is not an englisha perform ready to take on the responsibility that the 612 students for instance at a CLC take on the younger students need a dedicated facilitator and a dedicated space to work in they will need also chances to be in multi-age groupings but that will be as needed they need hands-on direct involvement in their mathematics and science curriculum they don't need reading books there was a huge movement in this district when I was here that was very exciting to help those of us who are elementary school teachers not teach the same dinosaur unit every year think about the disservice there in the inner and an age when kids need to know science k five students need to mess around with it and they need to do the same thing with mathematics so that they understand what's going on behind multiplication not just the facts they need to know both they want to mess around so they understand the principles about the water cycle they need to get their hands in there so it's a small is a different model of the older aac-lc but it's still the same in the responsibilities that the young people will take there will be years on what's called the reading and writing workshop which was developed in columbia it's been around for 30 years there are other districts in this area that use up and in fact it was the basis for the underpinning for the reading program at washington school when they when they received a distinguished school award in 2006 that program encourages with the support of facilitators young learners to make choice in their reading and in their riding with the direction of others the program will go on and look like that and we expected to be able to sit down with you guys and iron that out if it was necessary we'll be back thank you like a motion to extend the meeting move the we extend beyond 10 30 second second all those in favor please say aye hi unanimous okay we keep going ball bends thank you thank you for reading our Charter and considering our charter when I originally thought about what I was going to speak about tonight I thought I would talk about the 13 points but I'm not sure there's any point in talking about the 13 points you have our response to the 13 points and Chuck sorta made it clear that that his opinion was that you guys stopped at 13 points because you were just tired and but if I responded to 13 these 13 points there would just be another 13 points so it's kind of pointless I can tell you that you know the Charter was reviewed by several experts miles Dennison reviewed over 56 graphs of this charter from the charter school development center this is what he does for a living Paul many are attorney reviewed our Charter and neither one of them after look after reviewing our tire and reading the comments here you know believe that our Charter is seriously deficient so it's not seriously deficient there are some minor flaws in it if you want to use those minor flaws and and and reject the Carter your the Charter you're perfectly capable of doing that you can do that so I'd rather just spend my last minute and half or whatever you know 12 years ago I think was mr. McMahon and miss Daley here hired me to be part of the school of Future program in alameda and it was a great honor and I poured my entire life into it and I think we've done exactly what you asked us to do and as the Admissions Director the hdlc it really saddens me every day when I get phone calls from people that want to come to our school and I have to tell them basically you know you can get in line and that's just gone up and up every year it's going up from 100 to 120 to last year when we had our lottery there 175 people left and for me that was really the impetus for you know saying that we really have to do something we've approached the school district several times about some minor expansions of of a 612 of 6-12 program to grow it over time and work together on this and none of those things worked so for me personally there was is a tipping point where it was like I can't I can't keep doing this I can't keep telling people that you can't have this you know everybody else can have it you're just not one of the lucky ones I'm sorry so I'd like you to you know seriously consider that because you're not saying no to me tonight you know I still got a job I'll still dream up with the next scheme I'll still fight for this battle every day until I retire but what you're doing is you're telling saying no to the 170 people who have already committed themselves and want to be part of this vision it's really about you know them I mean if they want to do it they should be that there they this is an opportunity for them and I'd like to you to think about that thank you very much you know you well you may you well good evening I am parent of a student who attends a CLC she has been going there since she was in the sixth grade I liked the school my daughter loves the school she stays often after school longer working on her schoolwork I enjoy that I can't approach the teachers at any time and they can communicate with me and I can check in with her and see what she's doing at any time there's not a problem for me to drop by the school to make sure everything is going okay with Asia and I am looking forward to the NIA school I have another daughter and I think that school would work just as well for her and I'm in support of that school and I hope that you will support it as well thank you very much Ron Mooney good evening again mr. president and board members logically tonight of course you're focusing on the Charter application and your staff report i would say that there's been a lot of heartfelt things said tonight that certainly will weigh on you as well but i hope you remember the first public speakers words said them fairly eloquently and also someone who i lovingly call mother khan i would agree with her comments too so i would ask you to take a look at the staff report from so far what I've heard tonight it sounds like you have the findings there and I would ask you to uphold your staffs findings thank you thank you fish Spencer good evening I have two kids to go to Lincoln Middle School I have one daughter that graduated from alameda high and I have another daughter who did attend a CLC for a short time years ago back when Linda was there and why did that daughter go there she went there for many reasons she was bullied at Lincoln she didn't do well academically she had issues that was the first time where we felt that she had found a home and I was very fortunate that year to be able to attend a graduation from a CLC and I saw many students stand up it was I think was it up at the Elks Club and speak about where they had been kind of lost not really reaching their potential wherever that was on that academic spectrum and they went there and they found a home and they found a home with someone named mathy and I remember my daughter coming home and telling me you know we call her MA and I was actually kind of offended because wait a minute I thought I was mom well but you know I actually I try to be open minded and ok let's see how this goes she found a home along with those other students and they were students of color and I think it's fascinating this evening that we had two african-american men join us and I want to applaud them because I am pta council president I go to PTA meetings across this city from years I've been doing this and I got to tell you I think this is the first time I have seen two african-american men come to a public meeting like this that's right that's right let's give them credit I say that's extremely important when I see ma fille wanting to leave the school again I say you know what that's nice let's see what she can do let's give her the power let's give these men the power where they are enthusiastic I can go to chipman in fact I was at the meeting the other sunday night at Chipman it was actually at internal cafeteria but on behalf of parents that are going to be going into chipman pause ibly I'm thinking how many african-americans were there hmm you know what I don't think there were any and I do I don't have to do this I'm not speaking here on behalf of my children first of all my children are not african-american my children do go to Lincoln they go to Alameda hi we do have options and in fact when one year when my mother child o mine was having issues we sent her to Grandma's house and caramel she was able to go there for a year my children are privileged I volunteer because i want to share and help these other students that don't have the opportunities that my children have so i have to support a CLC and i have to support it for another reason because these families i'm sorry i'm going to say one more thing these families cannot pay the eighteen thousand five hundred dollars to have their children go to private school when i sit across from mr. schaaf he can his child can go to Julia Morgan and have opportunities other families don't thank you thank you Rob Sultana good evening I'm Rob Sultana and I'm a parent and teacher and just as a teacher and a citizen I think it's great that we have passionate debate about the nature of our schools and how best we can improve them so whatever happens after tonight I think the community's kind of energy energized around schools and how to improve them so that's a good thing regardless of what else happens and I've spent a lot of time in the dense complex forest of charters and law and everything involved this so I wanted to step back and look at the trees as some of the more recent speakers have done and say something about public funds specifically I I believe that about 75% of Alameda households do not have school-age children and yet they all pay taxes and they all support the public schools because public schools provide a benefit to the entire community just as we pay for fire protection even if we have sprinklers in a stone house or pay for the police if we have an alarm and a shotgun but public schools benefit us all and the idea that when I pay my taxes it's for my kid and her education and my younger son's education it's wrong because i'm only paying twenty five percent roughly of the cost of their education even if I accepted that way of looking at it and I don't so the interests of the community are at stake here not just an individual parents desire for their kids and I understand parents love and care for their children more than anyone else but the public education funds are for the community at large your trusty ship or your roles trustees is to look out for those interests and I submit that this charter doesn't fulfill the interest of the community so i encourage you to deny the application thank you thank you Mike O'Malley Michael O'Malley good evening um I like my choices just like anybody else I've heard a lot about choices whether my choice as a citizen my choice is apparent my choice as a teacher at al-amin hime I made a choice to move to Alameda of all the different communities that are in the Bay Area I made a choice to buy a house in alameda where there would be houses that were comparable for less money either are the state or out of the bay area I made a choice to admit my son to an Alameda school I made a choice to apply and get accepted in a position in alameda Unified School District what value do we have of our families making a choice in my family making a choice please don't invalidate my choice and the 9000 other choices of your students by the few that want to make their own choice for us Thank You Virginia McBride hello I'm ginger McBride and i am a learner at the Alameda community center not only am I learner I'm a community member and I feel like I have a great impact in the way the community is run and I feel like the NIA Community Learning Center would enable that many more students like myself to be able to change their learning environment so that it helps them become the best people they can be and become the best citizens that will eventually be responsible for this country and alameda and California and you know a lot of people have said stuff about affects the effects this is going to have but a lot of the times they've been using the word effects and they've been using it in a negative way I'm here to talk about the positive effects is going to have this is going to allow students like me to have that many more windows into knowledge because you know everyone comes in to the center or even even just you know public schools private schools everyone has their own little interests that they go out and they study until they can't learn any more off the internet and go take classes at colleges and such to learn about these things and then when you enter into a community you have the opportunity to share these talents the opportunity share this knowledge so that others are benefiting from it and I find yes that happens in in the public school system in the private school system but I find and I see that it's happening more in the ACL SI system in the system that we're trying to get for NC LC and I think that it would be wrong for people not to have the option to come here and to be able to learn about the core curriculum and then on top of that someone mentioned that we have um enter grade classes um that happens in any school I'm in the band at n Sinell and I greatly benefit from it and I think that if we had a bigger school then we could have our own band but also that's you have 7th 8th graders 93 or 10th graders lens bears 12th graders and we all add into the band one band One sound this is the Alameda community everyone counts one community one voice that basically represents us when it comes to national level and I think that we all need to work together to get the best for everyone thank you that speaker is a mark irons just want to state his opposition to the Charter Roxanne Clemence i'm a member of choice I believe in choice in fact I participate at bay farm schools a media center teacher and our school used to be a school choice we opened as a year-round school we opened to open enrollment whoever wanted to come could come and if we didn't have enough people we wouldn't survive we filled our school we've been full ever since unfortunately over the years as I watched other schools because I remember the schools of the future i participated in the vision I remember Arthur Andersen the science and technology the wood academy quality schools i participated along enthusiastically with all of those innovative teaching methods and more to come but i'm really upset at what we constantly spin down into in these discussions the negativity the attacks back and forth when we should be up we should be celebrating each school each school of choice which is either charter or a neighborhood school I've been attending the neighborhood school task force public meetings where that's another choice to maintain our neighborhood schools and I believe what we need to do I think the biggest is service and all of this is that every time we speak negatively about one program it's at the detriment of another program that's not there to speak and I think I would rather speak tonight I'm going to leave the criteria and the evaluation of the application to the board I understand that there are requirements you need to address instead I want to speak about some things I think the school district needs to do immediately so that we can all have voices at all of our schools and so that students like the one we just heard who spoke eloquently about his program I'm sure there are students at every school in town who can speak as eloquently and is passionately about their program in the same manner so I think that we need to put in place immediately exit surveys at all the schools these exit surveys would provide information that would help to evaluate the needs of each individual school let them set what their priorities are and when we come up against what i hear lose saying is coming the next sets of budget cuts we won't be in another reactionary attack mode instead we'll let schools speak about what the priority is and try to come up with creative ways to finance their priorities well they may have to discuss about letting go of some of the items at their schools we need financial reports not just we talked about charter impacts but we need to talk about the impacts of all of our specialized programs because I consider each of our schools in town to have specialized programs within their school program that need to be discussed we need to have full disclosure we need to understand beyond the district's base support that's provided for students what does it cost at each of the school to administer those specialized programs including new ones that might come along the line I believe that we need to do online surveys of each of the stakeholder groups I heard a lot of people tossing out what they feel is happening it's from school to school and input I see no data and we're talking about being a data-driven community we need online we need online surveys from student groups parent groups community groups and teacher groups at each of our schools to talk about what's working what's not working what we can let go and what we need to keep and let everything else go but keep this essential piece that needs to be at the school we need to be able to set priorities and I don't think we can talk about that now so the last thing I want to say is just we have an opportunity to still share what's great about all of our Alameda schools in each and every one of them and I hope that we can harness the positive energy that exists in each of our schools and promote that whether it's on the TV channel whether it's with PSAs whether it's with students standing up at the school board talking for three minutes about a program that they're impassioned about I just want the negativity to stop and I want us to celebrate what is good that's happening in alameda for as long as we can and to try to find out what the priorities are in terms of the budget cuts that are coming thank you thank you game kappa good evening uh my name is Jane taba and I'm senior at Alameda high school uh first thing I like to just tell that up it's been like when I first came here it was been four years ago and I'm I came from an immigrant family and like when I enrolled in the public high school like it gave me another home itself because my mom and dad they work all day all night and I'm there in public high and I made friends and I mean I used all the different programs that they have like sports and sports and different activities clubs groups to help myself be out there and be known more in the community and in this school itself and as for the charter school that goes the things that were brought out where like you know it's the big money issue yes money is an issue especially our school district has been going through so many budget cuts that it really does affect our school we didn't have we hardly had we didn't even have enough books this year we shared our media center the book ladies we had to share between Encinal high school and almeda high school and budget cuts are definitely affecting that as for or where it said this the money belonged to the students yes it belongs to the students and just for the select few that the mud the new charter school is being opened for we cannot sacrifice the different thousands of school thousands of students they're going to all the different public schools in available in alameda like antonella Almeida and other students are and as there was a thing for the hope that the new charter school brings why can't we see the same hope in that our public schools why can't we see that same gleam of Hope in our public schools we can go out there almeida API scores also was higher than ever before I believe and we went up why can we see the same hope in all our schools that's present in here we can we can make this a better Alameda unified district a school district but if people look at the negatives on both side like the entire budget and entire think about it like there's no way we can look find a better oh so ends Thank You answer towards it like come on like hope is out there we just need to believe in ourselves and me to look out there we can do many things in this United unified school district that can help us with our public schools but if we if the budgets cut are gone over here and there then it's just going to take some of those programs or maybe some of those activities that empowers the student to go out there and seek himself out or herself out and try to be a good student and a good learner and also a good citizen and a community member and I totally think that when if we bring the charter school in it's going to take money away from us and it's also going to take money away from not just me and not just my students that that are in the high school right now but also to the incoming students maybe they won't even have a sports program when they want to come in because due to all the budget cuts like that's not acceptable high school since being an immigrant and the four years that i have spent in high school so far it has been a great experience for me and hopefully that experience stays there with all the students that they come and that the activities and programs provided are not affected by it and i disagree with the charter school and I think it's just going to take a way of puttin it is available to the high school in here that's all thank you Alex Bernstein alright it's getting late I'll keep this pretty short I'm a parent moved I'll meet about four years ago run a venture incubator small venture capital firms I know a lot about innovation and you know there's a couple things I have observed from I feel like i'm a bit distant looking in this one thing is it seems like an overwhelming proposed proportion of the people who are against this have a financial interest in it they're either employed as a teacher and they seem afraid of budget cuts that are coming if another school gets funded I think a lot of their emotional statements a lot of it comes from the fact that their job could be coming underneath those budget cuts and seems like that's an overwhelming influence in it the second thing is it seems like from the analysis that came out in the very first speaker and a lot of the looking at these things there's these legal criteria that the legislature set up that created this need for charter schools are almost like a pathway to create these charter schools and it kind of looked like that we're looking for technicalities so you could kind of skirt the responsibility or the leadership to which you're elected these roles that you sit right now he's sort of scrutiny responsibility to say well can they amend the document what if they change it and it gets better and it gets approved by the next level up or the next person after that then we're going to be saddled with this thing let's hope that they can't change it because they made a mistake and then oh my god they can apply tomorrow and fix it and I hope they do I think they'll be back tomorrow and the next day and when they do you just get some point the responsible is going to fall on you to make a very hard decision there's hundreds of parents who've lined up and said they want to go to this school whether they represent those exact dollars or not or twenty five percent or 75 per cents largely irrelevant there's a huge need for this they've got a proven team of people are incredibly passionate and you've got an opportunity to lead with innovation rather than trying to continue established and I agree that it's great that these schools have passionate students I'm glad that they're here I wish there were more of them here but it doesn't mean that that continuing the status quo is the right path for innovation so one thing I would just say is let's take a look at what's going to happen in the future they will amend their process they will change the documents they will continue apply they'll probably reapply here and at some point you won't be able to find a legal loophole by which you can deny this charter because it's the right thing because they are confident because they are striving for ethnic diversity and all of the thinly veiled racist comments about how a lottery system and how not letting more students in is just going to propagate the problem even further are all ridiculously thinly veiled fear fear fear holding people instead of moving forward for innovation so I'm asking you to take the chance now to take a leadership role because it'll come back to you in a month or six months or 12 months and at some point the school system is going to evolve because the passion these kids and the passion of the parents and passion of parents like me is not going to go away and we're not going to stop we will demand that our school systems evolve and this is one path we see and we're going to fight for it so thank you please have the courage to lead iron madani do I get the name right dart dart dorming dar me sorry about then sorry um my name is dodge money and you keep saying equality equality equality um we want to give more to those who have less and it's always the minorities it's always the Hispanics the african-americans the underprivileged we keep saying things like this and we keep saying racism is bad that you know these people are equal to us in terms of their race and their status and everything and then we say these people are not able to learn as well so they need special facilities need special treatment is not not enforcing the same racist stereotypes that we've been trying to abolish for what decades and it's not about the money it's not about the money going to the system because our school really has such bad you know curriculum such bad facilities you're cutting money from AP classes we don't have money to make copies for stuff that we need that's fine it can't get much worse I can't imagine the problem is some people think they deserve more they think that it's okay to take from others for themselves that's the issue whether or not they are allowed to take it if you want to promote equality in learning you can't force it on people the second you start telling people they are special either better or worse and that they need special facilities they need special treatment their will to fight is gone one of my oldest friends he was a horrible student sees passing was a virtue to him but when he met me I talked to him I told him why why not try it's your education it's your life his parents were horrible they abused him physically and there was that's not the point but after I met him he decided to start trying he had a four-point-oh the next semester the very next semester and it was about trying if you want to promote equality I suggest you start getting people to want to learn I suggest you start equalizing not equalizing I suggest you start promoting will to fight for yourself will the fight for your education and what you are and that does not come from better facilities or better or more money going into the school system it comes from people that's where it has to come from you know everybody else walking up here they start quoting their qualifications they work for so-and-so amount of time at everything this is why their opinion matters well I'm not going to tell you how long I've spent helping the community I'm not going to tell you how long I've spent you know fighting for what I believe but maybe you away my opinion the same thank you and then oh I'm sorry um my name is Tina nyan I'm a student at Alameda high school and I'll be honest I'm not the greatest student out there heck I'm barely at the average but the thing is I've noticed that a lot of teachers at a CLC believe that they should let more students into older school I think if they really look that then they should do that but if they want to take and make a new school overall then it just proves I've been giving up on public education overall they want to make a new charter school that way they are not involved in the public and the public is what we want we want to improve the public overall anything else we don't want to lower the standards we don't want to separate people we want everyone to have equal opportunity if you make a charter school just for the sake of someone else because they want to like have a better education or solenoid it's not them it's the students and the teachers that overall build it like I see these dedicated teachers at ACL see that should probably be going to Encinal high teaching public kids with classes full of 35 not with 20 or smaller overall they just say okay let's make something better let's take these small amount of people and teach them why not teach a public school you love students but why not teach you a public school you teach at a charter school that is not really a public school you have to go through a lottery public school especially open to anyone a thing I want to leave with you is the fact that there are so many students over Alameda high and Snell Island what not the textbooks are out of date everything needs to update everything needs to get fixed heck teachers give up on students nowadays why do we hire these people why do we give up on the Public Schools Board why not improve it why not make it better I want to leave you with a quote a very infamous eminent quote that everyone should know the road to hell is paved with good intentions thank you leave it or not it's the last speaker slip Ron wolf superintending board members my name is Ron wolf I'm a reserved person and quite uncomfortable about being up here but I want to voice my support for the charter school since I've read in the print media online media about comments that this is for the privilege elitist minority I'm not among the economically privileged I'm a filipino-american who struggled through the regimented public school systems with my own learning disabilities during high school I found at least a few teachers who stepped outside of the norm of teacher dominated instruction methods and allowed me to excel in the sciences and math my children will do well in school because they have very involved parents but I want them to have an opportunity to thrive in an atmosphere that promotes independent thinking respectful debate and exchange with their peers and teachers with a facilitated environment I want them to learn to be excited about their education I want my boys excuse me I understand that my boys may not be admitted because this is a lottery there will be a distribution of students respective among those who choose to sign up for this lottery and not a selective admissions process to attain artificial elevated scores my wife and I have gotten to know the core n CLC team and we know that this is a group of highly qualified resourceful motivated and dedicated individuals who I am confident have developed an outstanding and effective program this charter school gives the that choice for the current students within a u.s. excuse me the Alameda unified school district and will attract some home schoolers and students currently involved in the private school in private schools please approve this charter petition thank you we'll open up for board discussion um sound like to start Mike no go pass crazy um before I before I I'm talk about the petition or anything like that or discuss what's been said tonight I want to ask on the super ten and a question and because we just went through a debate in fact the last time we had this many speakers was about the Edison enrollment debate which was a couple months ago you all might remember that and it was about students who wanted choice the choice to go to edison school and so when I want to ask the superintendent is with regard to the UM the the demand for Edison or Franklin or Baffin Island school would you would you what would you say if any one of those schools were open else into open enrollment would you expect that you would have a demand of 20 or 50 or 200 yeah we probably have a huge demand so I mean within with yeah I mean I well that's lightly I mean I expected that you would say that and I guess my point is that this is a great school a CLC and there is a demand and there's a waiting list and there's a lot of people who are really excited about it and that's been well explained and well discussed tonight and in other correspondence but also tonight and in correspondence we've heard that there's a lot of schools in the district that are in demand and that would have a waiting list if we if they were either charters {00:00:03}	1	0.5%
{00:00:22} alpha road Oh you want Oh as long as we know our agenda is up here the bathroom features starting to my first on this year state the following that our agendas when they are posted to the public Natalie's a busy agenda master so from here on in that means there's many items for the agenda exposure to that isn't confidential so that you presentation is jewelry I thought gray I will see you in the audience alysha rylee vector he's not so hopeful you have to deploy on the agenda see how how that worth the trade shows up next item on the agenda is common for the public on items that are not on the agenda if they're on the agenda your college he'll the item is called by my board board discretion also items on the executive session agenda are not to be seen right now so any item that is not Todd public agenda to make presentations I I on them for your life in 30 perfect thank you very much sure I am I'm here voluntarily along to the white pathway energy bar by a Confucian in this fish tanks regarding spastically you're both be happy with us angela was a to begin with I was JD saying what experience however you have more negativity and pump it up the unit was not late because we wanted page in it I'm fighting in 2008 mr. cumin get to pick up our yearbook conveyed my 300 pages for not uploaded into the system an HTML page took a very long while women though observe this who committed us to train the year what there was never any mention of human writing the time saturday marked well mr. Modi's visit impactful typical party and as we have the weekend to finish your book the year of a collectively decided to place inside whether the very last moment furthermore our basil things were already done one thing once we clear that deck who has got to be someone the university so that we evolved is a recent one is he really would appreciate all right we welcome you look for many hours knowing that is your bonuses stipend is being held is a big disappointment to me does he have decided to donate his pipe into the yearbook staff his work is done and so is ours thank you oh and I'd like to present a factor of minus the web he thinks all my name is recently graduated from the class of two thousand eight and I was the editor the 2007-2008 practical high school yearbook but why am I here at employment can I recall the minutes of the past 14 I can see many things that are not true now what I have to say is nothing for the truth I have no reason to lie I have a college graduate and has a year with me I am just trying to prevent the other class of you expecting what I covered and to shed by on all another question to begin with our original deadline will not bend towards 31st of the game that is print but Michigan the dead presence of a new deadline when he turn in 13 days late component of a new contract I decided on generate to a second of the knee and violated on every 15 and watch ten thousand eight the contract says that for every day Monsieur than is a wee pictures that you're looking president extension of two days pudding after our original seven fishes or surgery taking into the account 13 days he would collectively late amount to take 26 days which means we could have turned out of your lip to him on April 26 that really wishes met any blame tape on our part on why the yearbooks relate however there are other point that I would like to mention the first via database which included senior portraits junior sophomore and fat pictures the yearbook current program without the database without it we do not know how many pages and intelligence this database was installed on April face five days after original deadline on march 31st in addition a program required to play that you put together easy book and not allowed nails being edited once they were uploaded I have to fix problems in the photoshop file stayed in jpg out of order and finally uploaded again when you part that these five minutes per page later time there was more data in the evening of crime ultimately editing wasn't done to the point I would like but editing was it wasn't it's very the minute said quote unquote that your book contain many early but errors exist in every year of CHS has seen and they are not dramatically perfect finally after reading the minute I also seem to get an understanding as importantly the yearbook that an advisor make decision of having 300 pages either at the last minute or time that as a result will change the date of arrival of the yearbook the United pages were decided early in the year but mr. Denton you about this and do not mention that your roommate is that were the reason moreover Villanova staff and even students expired nearby review which room and its lack of professionalism created more problems than expected it realized the ultimately like maybe rely on how this work has been over the years it is ironic that for the past four years the yearbook on top and we're going to put a sane teacher more than 14 years foreign teachers whatever that is you know what to change {00:00:28}	1	0.5%
{00:00:15} really help communicate he dynasty please I Oh including a letter of resignation very No keep it on a lot did a great job work at stay a school day your application the regiment's presentations there anyone who would like to address infant again for the discussion you one of the troops were asking to cover anything but was I'll take Cooper's one that would be good and also Terri Bryant you ask people ok we would have we went out to be hi my name's Diana a llamar the pair of our what we what we typically do Paris speakers the district and then and discuss what they ask you some questions that makes a very simple losses here based on there and my child currently 10 Hebrew elementary my I have five children attending school right now she the only one in heber my eight credits moving on to high school she was the one watching her after school now I'm here my husband's in the military so he often never around but when he's around community San Diego and I have no family or have been here almost two years so I really don't have support system my I have an infant my child goes to a daycare in el centro I also work in el centro so I have no one to watch her after school for the next school year 10 years after so that's my my first concern and why I'm requesting that she moved to an l petrol school local to my child care because she can transport her to a school nearby her house so without that I don't have any way to get her you know after school I have can't have her going home alone years old and then the second breathing in that my child came from San Diego and then she'd been in beaver school she's already in bad they're great because she's above their standards so they're still trying to do think the Challenger this year you know the teachers like supporting class and all your pencil and I don't know what to do with her and that type of thing that's my my second but my first right now I don't have childcare so I don't know what else she might I have three in high school and they're all in like after school activity then then she have a negative 10 month and she the only one elementary or not in Russia unavenged messer in high school like my eighth grader wasn't and that's why i was able to do this the previous years I had an older child home with her but now I won't just going to be in southwest and there you know pick it up later and they have their own schedules 20 21 this other love 10-percent out and have that timber sale pregnancy it all we always real parents question is who wants to go ahead and take an action which directed option we are the legal system but the Bible a policy angle memory pool and the legislature which by the mages recently in class session when the toll reinforce keepers standing so so there's a wall behind you {00:00:24}	1	0.5%
{00:00:05} this is a public eating if there is a matter of which you wish to be virtually who should be a bird please come forward to the microphone address for yourself to the to mention steady the name and address for the record the chairperson reserves the right place a time limit on each person asking deeper if you wish to address the Commission concerning any other rather than a Commission's jurisdiction you may do so during the public comment portion of the agenda any person not satisfied with decision of the Planning Commission they file an appeal to the City Council to the office of the city Oh type it here boss article very discussion this hitter question on the interim status in green that mean that was your status at the moment so you want to make sure I had obtained before that thank you thank you motion passes virgin the existing two-story 26 jest moja and five commercial office spaces to a 39 unit office condominium complex on property located instead of 25 West states to decide to throw described in 05 321 dad visitor three proposed office condominiums will range in size from 300 square d 26 others for their access decides to both work with wide driveway located along State Street egress will be divided rich culture collide alico in along the southern perimeter of the site easterly and south seven through twelve initial first start thank you on the world chairperson and members of the Commission as you make a call every question at this ime continued made last year the proposal we request that a conversion fiction story 46 guest room motel and I commercial spaces for 39 DNA off of the common alien combo is located at 75 west state street at the time that the application was submitted to the same that cycle of zone general commercial however since then we have updated our zoning map ms consider now downtown commercial this is the project site again it's at the corner of State and seven this is the area and this is the proposed tentative that death scene proposed as mentioned before the map proposes 39 office condominiums ranging in size from 300 to 600 square feet the project the full but then the project will be eliminated and that will provide additional parking area the Toa barking outside parking within these sites will be 39 part of off street parking spaces and it would also the project would also require a 2200 square feet of blacks changing this is the subject side looking southeast looking south looking west and looking each it's right across from the idea now the project proposes garages to the south of the project and if you can't really see them from this picture that this is just detecting the looking north from the alley the car parts will be enclosed of private garages that is the case the project will be required to provide us by foot setback in the rear yard of the project the project the total number of parking spaces required for this project is 67 parking spaces 39 will be located on side and the balance of those will be paid by in accordance to the city's ordinance of a pig in the fee for the efficient parking and then show our city ordinance allows for the station of a movie for any official parking if a public parking area is located no more than 500 feet from the project site going back to the project site you can see that just to the Lord there is one sparking public parking area and then just north east of the project there are two parking structures located within the project area be this party is over the difference between the project site in this parking structure is over 500 feet so this will not count towards the credit the but the project can do is of we would create these parking spaces and this project is parking space to accommodate the deficient partner is we are recommending that because apparently open to allow any public comment at the same time we are staff recommends at the resolution finding that negative x declaration was considered by the court also and also that approving condition improving the tennis matt has proposed now if you go back to the last page of your salary for the last three pages you will see exhibit ii which i can invite all the conditions of the project I will not going unless you want me to go through all I'm not going to go through the I think the important ones are again the off street parking as conditions 11 which will require the applicant to the pulpit eight hundred dollars in the state parking lot acquisition fund for each division parking which will be 28 the landscaping will be provided that we can be conditioned seven condition a again if the car parts are in close there shall be a minimum of five foot setback and condition of the twelve which identifies the need to provide a left turn only sign on the one way and creat only we located along west a street so it would be left here only the other conditions are just our static conditions and that concludes my report yeah there will be a a parking papers have calculated on the overall 67 information there's a formula but it became a number of parking parking spaces in a cage and it has to be this problem will require two hundred reward 20.2 emi {00:00:08}	1	0.5%
{00:00:03} I'll send any comments in the world as well as the resolution here great that's in the ordinance that's into motion that's in the ocean all right then one second please though that passes for oh i think there's the one occurring in the station is to close out a number 137 and below that we've given your background description on each of these items and we need to submit this to the state cop money to close these out unless you have questions fixed I'll open the public hearing the ones we'd like to speak on this issue please do so at this time taking that will close the public hearing and come back to the board for action mr. Chairman I recommended requested action on 1 2 3 4 5 6 and 7 and if you have a second second in comments please go just a comment briefly mr. chair recognizes a very very brief comment the work of the Economic Development Commission of Imperial County has been offices in the audience and other staff members as well there is so much that entails all of these items and their accounting and budgeting matters and then the transparency that is here and I just just like to bring out one of them here's in the PAL very fire station has been in conjunction with public works department in the rehabilitation of that fire station during that storm of September go seven is just Karen torn apart it tore from one end to the other but we're seeing that being put back together as well as other community service projects that will help all of our outlying areas as well so kudos to the Department for your hard work and we thank you support please vote that passes 40 lastly I don't have anything on this it comes to read this is a we will now conduct a public hearing regarding the clothes out of the ground accepting a project for CDBG general allocation grant for stb g 1975 and presentation of the Pinal to present presentation of final the grantee performance report here as trying again this is for the bratz this is a grant that we started in 2005 and under this grant we rehabilitated number of homes as you can see in the area and we're requesting is Quebec public hearing and allow us to close these grants out as they haven't completed according to the guidelines and requirements for civility Alton yeah okay I do so do i do so right now we open the public hearing anyone like to speak about the cdbg general application grant please do so at this time singing nun and we will close the public comment come back to the board for action mr. chair I move that we approve the items requested one and two on the ground close out and the presentation of the final gravity performance report okay second second please book that cheap-ass squirrel might be related always started at one after so what's up so so I guess your performance to do not that really matter that's really weird you the best you Bobby latest faster except for one right being that there's no other week include all the business owner just a day we stand adjourned {00:00:07}	1	0.5%
{00:00:00} 78 to be happening in closed session items to report items 1 through 3 were discussed direction was given to a purple actually taken he again up to the agenda with the claim valedictorian please help loading tube and the tolling agreement with your tour today for another six months and then item number for game continued until after the meeting now calls believe all the tenets thank you tell Romero would you lead us in the Pledge it ok everyone a chance to review the agenda a motion to approve the agenda seconds all the papers a lie I was both back to sleep at this tired already haven't token Commons first before they have a special recognition in fact now looking to the special recognitions first one on each of them but we received a email members of the community that were affected last week by the rains there was some storm water and put it right up and it's in the water utilities department under nice Estrada mr. quill seven evader come up I'd like to this is a mayoral recognition award I didn't know there was one I ask that there be given some type of recognition and this is my Oriole recognition award that he presented equal to the data of the water distribution maintenance utility services department in recognition of your commitment to providing excellent customer service to the residents of Calexico your work ethic and commitment to excellence and helped us to beautify our city and improve the quality of life for its residents we thank you for taking pride in your work and realizing that you're dropped performance directly your efficiency and eagerness to assist are exemplary of the city of collectibles commitment to service evil the city of Calexico on this council is very proud that have you on our team this Dilma did was he wet and he went beyond the call of duty here without there with a shovel and trying to clear up the defense of me so that the storm water to drain out he did it because he loved the city and the great team player thank you one of the things I'd like to do in that line your mouth maybe someone help us with is on our website have a little section it doesn't take very much to have you know give give a recommendation to us a employee or or a citizen that did something exemplary that's into the field it should be at least recognize if we can have a link that can be emailed to specific department maybe Erika is great at doing this or stuff and we could have horses and participation and our team player to be written at this time we'll move into the public comment section polka comments are welcome speakers will be limited in three minutes please complete a speaker for prior to the start feeding it comments on agenda items anything on ya agenda will be heard with discussion on that individual item so i can write in half robertson push it out general comments you want to wait to watch the board will do that gen 5 number 6 as well as in a giant agenda able 11 okay we have someone from the audience wishing to give us a PowerPoint presentation unfortunately it's under the public comment period but it can start it today you can have three minutes and then what we'll do the book request for it to be placed on the next agenda from Council so that the time limit is really not in English yes try to skip to to waste into energy well we've been working with industrial park companies that face challenges steady supply of electricity and what we've done is create an agreement in between the generation of power and the consumption of power to this case it does Department go to the next slide our process is pretty much converting the municipal waste which is one hundred percent most of it over sixty percent of this organic that goes into the process of recycling through a transformation into electricity the other forty percent which is plastics in organics and on stuff although all those items go into recycling the process of JPEG it's pretty much any gasification of the inorganic waste generate steam the steam generates movement of the turbine the turbine creates electricity it goes back into the grid the benefit of this is totally green project you can eliminate the poles one hundred percent of your municipal waste converted into energy which is the other good point and also there's a struggle business unit that cleans out all the gasification process products and you have breathed out that's that's a key to this process this is part of the process most of the items are have bigs or sort of a chic nicht so that goes into the recycling plastic smell slightly that's part of the s reading and milling homie organics great gets shredded out to we pretty much combustible material explain there's a mineralization process that goes into this into the third process which adds some value to the excessive organics makes them easier to combust at the end ? and you can also use it for my products for fiber cement face other additives miah fukin maybe request that this presentation and they'd be a brief synopsis of the project descent to our economic development director Richard Dean that would be wrong but I like her that department to have it in our economic development marketing coordinator {00:00:03}	1	0.5%
{00:00:00} system so I just want to make that point I'll I have a question for check that I could that I could bring up later but uh go ahead check when we looked at the charter charter renewal application you reviewed that in 2005 and we did approve the Charter in two thousand the renewal of the Charter in 2005 and I'm going to go on about the charter renewal a little bit but and this isn't really chai just like to eat your comment because in that in that in your recommendation you said that the charter renewal application met all tests and that a CLC is uniquely successful charter school and I haven't heard you say anything different tonight and so just to clarify you're really just commenting on this application and this proposal but that's all exactly as you have said okay cuz I'm and I I would agree with you and the board did approve that charter and we would I personally think that it is a good unique it's a unique certainly school and it's a successful school and that's been demonstrated by the achievements and the the the recent distinguished school ward the butt but then Chuck mentioned as he talked about some issues with the application and I am I want to kind of go on to those things at this point and and point out or just to talk about the superintendent's recommendation basically I did look back I look back at Chuck's recommendation for the approval I look back at the 2002 report the 2004 report and and I looked at the superintendence recommendations in and I'm concerned I mean I I'm concerned about the ability of the Charter to meet the the proposal the expectations in the proposal despite and when i'll go back to the proposal the request to in 2005 2004 to which was approved in 2004 to add a sixth grade and at that time a CLC said and one of the reasons behind out in the sixth grade was to increase improve expand and achieve more diversity but since then actually the diversities been reduced that the school has gotten less reduced in terms of ethnicity at least and also in terms of special education in English language learners and I have to say that that that that's one dammit it demonstrates to me that you know you have had that you've had this goal in the past a CLC's had this goal the district agreed with this goal and approved the expansion to sixth grade but the the goal wasn't met at that time so it makes me a little concerned about approving this charter with the same goal when history shows that it it wasn't achieved that as I said the committee outlined a number of concerns related to the proposed educational program and well let me go back to the to the 2004 approval and just make one other comment because I have to respond to two one of the supporters who suggested that the only consideration for the board is money and i would certainly speaking for myself I would say that I haven't reviewed this application in terms of financial implications and money is a big concern to me as a board member but in this case that my concern is is student success and I have to point out in all my review carrying around all this paper were looking at all your past past reports I when you did your presentation to the board in 2004 and he said he told us why is sixth grade good for a CLC one of your points one of the bullets was because a CLC will get more money well I guess money is a consideration for all of us so you this isn't mentioned in this report as a reason behind why you would want to expand to that and a Danny a charter school but again looking at past history and pointing out that you would get ninety thousand dollars more a year i think it was for adding a sixth grade makes me you know wonder if this why that wasn't mentioned as an issue in in this proposal the but the main thing again as I said it was about that the equity which was mentioned in that proposal adding sixth grade helps east west and parent equity so to make east-west more equitable and so back to the recommendations in the committee the committee outlined a number of concerns related to the proposed educational program and as I mentioned in particular the explanation of how the Charter will meet the needs of students with disabilities and English language learners is insufficient to say the least so I'm just going to close my comment some one speaker urged us to represent our views and and not to to make our decision based on petty issues and one of the last speaker said that I'm will be skirting our responsibilities if we denied this charter well I think that we'd be skirting our responsibilities if we approved a program that didn't meet the needs of all of our students David so first of all I'd like to acknowledge the many many people that have made their voices heard on one side or the other I'm very comfortable that in my short time three years on the board this is this issue has generated the most emails to my inbox it has totally captivated the Alameda blogosphere such as it is and I am on that note very encouraged by the huge interest within alameda for public education and about public education it's fabulous that there is this huge debate and it is captivating or engrossing a lot of people I do think it seems to me that you know whether once in New Hampshire and alameda were all for change thank you but the thing that really strikes me about tonight's comments is that I've heard way too much about a CLC and that to me some echoes Chuck's point about how the Charter was written I had a the Charter proposal was written that there's too much a CLC in that this decision tonight isn't about a CLC this decision is about it proposed new charter all bit by the same same group that running runs a cell C but i think frankly we've heard too much about a CLC and and not enough or not enough discussion about the specific proposal and to the point that we're not allowing an opportunity for rebuttal to the findings of the committee the state in its infinite wisdom set up this process it set up this process whereby communities are pit pitted against one another it's set up this process whereby there's a strict timeline to follow it set up this process whereby if we deny it goes on to the to the next level to the county level there is no process set up by the state in its infinite wisdom again to allow for rebuttal so to the issue the the actual the findings i have to say that the one that speaks loudest to me is the third third finding and the insufficient detail regarding the proposed k5 program i think and i think it's a pure speculation that there may have been a very different finding had this been a k-6 a totally new k-6 charter proposal there were some you know somewhat though it definitely other issues in the finding but I think to me the the bigger issue was the the lack of detail about the k5 program so on that I would also we're not ready yet but certainly I would also vote to tonight again so I i think i need to say a little bit about my background with with our charter school the existing one and i'm commenting on on this proposal i was a teacher at Alameda high school when Paul bents was and and when a group of people began working with the superintendent then Dennis Chaconas and and Arthur Andersen people and and and did all that that tremendous exploration and studying to to start the arthur andersen learning center so I've seen it develop I've seen it go from part of our public school and with pretty much many of the way it weighs it operates now it was operating then and i think it was mentioned it financially became advantageous to break away and and to become a charter school I have a daughter who teaches there now so I see very positive things and and the emails we received from parents and students in the community certainly substantiate the fact that this is a very successful model in fact when I look at at this and I think over our previous board meetings with the plea of change and and and choices for four people throughout the district parents for their children I we need to encourage models within our public education system we need to encourage new approaches my problem was in the very beginning when I was the I'm the only board member that actually voted in that first one and i voted against ACLs of Arthur Andersen becoming a charter because I believe that we had a wonderful we had we had the basic model there and that money shouldn't be the only criteria for becoming a charter school and let me say something about charter schools I was a union activist I was a teacher and I saw the movement all over the United States of of people who wanted public education to become privatized through vouchers and when California and when the teachers of california and new york and all over the country knew that the public was pushing for that and knew that we did have schools in school districts probably in every state that weren't up to par and needed changing and needed choices the teachers unions themselves gave support and that was said earlier by art the union representative in supporting charters to allow for choices because at least they were going to be part of public education now we're we're struggling over this you know our students have stood up tonight and it's very hard to think is this public or is it private and we all know it's part of public education on the other hand if if every group if they could afford to hire consultants and write a good hunter page document many many people you could you could starting an Alameda one after another and have many small private private note public charter schools in fact we've already said tonight we have another one that will be coming up to us my only question is this is this the direction that we want for the city of Alameda or do we want to have our public education that's part of our a USD improved in a way that parents I mean the words have been wonderful words tonight that people want diversity and choice and and they want to empower teachers and and we want to empower students and have visions and leadership can we not my cell my question is this and I've talked to mr. Bence about this is there no way that we cannot use the expertise that you have the commitment that parents have and explore incorporating the this model further into our school district is the only way that you'll work is if you become a charter school or could you work to become part of our public school system here now let's not let you don't want us to vote on something because of loss of money but you shouldn't be voting on something because you get more money do you see what I'm saying our decision should all be mutually the concern for greatness in our schools for your children for our students for our teachers to work in a successful system so this is what I do feel I will be voting to go along with the recommendations of the staff I know this is not the end of this but my challenge is make Alamy to public schools better schools use all of you Linda I knew you we were all teaching together moffa all of you make our schools better work with our staff we are you've heard what we're doing we're looking how can we change things all over the island to equalise to have education that offers opportunities to students with your in the East End or the west end with your african-american or Hispanic by the way I just have to say when I heard the young man he's still back there I think saying that he found a home after being in this country for four years he found a home in alameda high school I thought oh my gosh 2,000 kids at Alameda high school I didn't think he could find a home but he did yes so so there's a model it was right for him he was able to buy into some things but I would love to see I said Alameda high school 2,000 kids that's where I taught there was 1800 when i first started then it went down that what's up and there must be a couple hundred kids there that would love the model that you have there must be teachers there that would want to work with being more innovative oh but you can't do it if you're a public school rather than the public charter I think you can that's what we're looking at in education to challenge the state right for some waivers ask for some of these things that you think it wouldn't work that you need that you can't have because you think you have to have a charter let's try to make some changes that work I think I think we're ready for it so I I just have to say I thank everybody for your input for your struggling for your work I do believe that everybody who has spoken tonight wants the best for you know for your own children and I want you to want the best for all the children in alameda and in other parts too and let's not be divisive let's not be mean-spirited but let's work together so I thank you Mike you having any closing comments it's real clear to me that we're just delaying the inevitable we're going to go ahead and deny it but it is inevitable that the Charter will be approved at this level or be resubmitted and you know we get the message unfortunately the rules aren't set up so that something as big as the school district can move as nimble ease as charter schools to address the concerns of the overall citizens so we'll continue to do that I mean we are I mean we've got we hired a superintendent who was going to bring us to greater levels of of excellence in this in the school district and I'll continue to work with the superintendent in the school district to do that but I understand the other side of this of this of this argument it's a real squits real clear to me it's inevitable the rules are set up we've got the ability to touch you to deny it tonight but you know six months from now or a week from now we're going to get a different one so you know let's move forward as people said focus on what we're trying to accomplish which is changing all the systems for all the kids okay there no other comments I'll ask for a motion I'll make the motion I move that the board adopt the superintendent's recommendation to deny the charter petition as set forth we have a motion and second I need the language to say adopt the finding adopt the findings okay way we can proceed down paths and okay i will then change that right here okay i removed that the board adopt the findings contained in the january for 2008 memorandum from the charter school evaluation committee and deny the charter proposal from the Community Learning Center schools incorporated second okay we have a motion in a second all those in favor please say well if we're saying I is an acceptance of the recommendation all those in favor say aye aye aye all those against any abstentions it's unanimous okay you go to the next item G a board member reports will give us a couple minutes here no the break we have to David just again to reiterate my opportunity the opportunity I had to listen in to this meeting about chipman and the the going green sixth grade and how exciting that is so I while I must confess I find it hard at this time of night to generate that excitement trust me i am excited and i really think it's going to be fabulous for the district it's going to be fabulous for chipman it's going to be fabulous for a whole bunch of kids get it yep I think I'll pass okay crazy um thanks to everyone I don't really ever appropriate I just want to read one sentence from the board policy on charter schools in determining whether to grant or deny charter the board shall carefully review the proposed charter in any supplemental information consider public and staff input and determine whether the chart petition adequately addresses all the provisions required by law I agree with Mike's comments at the end of the discussion but we we did due diligence all of us I did and I know the rest of the board did as well and as a superintendent did now i want to thank superintendent and staff because this has been certainly challenging and something that might have been easier to just say okay because as Mike pointed out we'll be dealing with the issue in the future but as I said in my comments I I wanted them to come back and when they do I really want to see some more evidence about how all the students in alameda will be supported by this by any new new school any new charter Mike to pass like my only comment was I was at the same meeting regarding the chipman initiative and it was definitely a very energetic community meeting and obviously it has a lot of a lot of initial support and I hope we can continue because I did continue to underwrite the three comments hope and I mean be very careful hope choice and change and I think we have to keep that in mind going forward yes and hopefully we can meet the needs of all our kids thank you and with that comment I would during the meeting {00:00:02}	1	0.5%
{00:00:00} as on the outer ends of the island and that's the attendant zones for ruby bridges and for Edison Otis that are expected to increase in enrollment over the next five years while their facilities currently are either close to or at capacity ie there's not much more room to house additional students the remaining school areas are expected to decline over the next five years and those facilities are currently under capacity which means there is room to house students in those schools so the charge of the task force was to put together some options on how we can resolve our mismatch in enrollment and capacity this evening I'm going to focus on one of the categories of solutions and that's increasing capacity at school sites in particular I'm going to look at the option of adding classrooms to school sites in at the special board meeting on December twelfth we explored other options in greater detail than this one and I want to focus on this one for tonight again the as the task force is moving along we focus on options and we continuously ask ourselves what is the facility impact of this option what is the financial impact of this option what's the program impact to this option so increasing capacity we have generally three types of construction that are available to us to add new classrooms to school sites that's the portable modular permanent modular and the traditional construction that is going in and building and these items we've are these options we've explored along several lines and wine obviously there's some pretty big differences in cost between those three there's a difference in the timeliness of implementing an option that is to get from that decision point of yes we're going to put an X number of this type of portable to the moment you can have a student actually use that additional classroom there's a difference in flexibility between how you can reuse a site once it's placed and the third is the life cycle of a particular type of construction the one consistency that I heard as I went out and spoke to principles about the options at the December twelfth meeting I explained that I'd had our director of maintenance operation facilities go out to the school sites and take a look and make a determination about the maximum number of portables that could be placed on a school site I then took those numbers and I went and spoke with all the site administrators to hear their version of what's the most that they could tolerate just because we can put in X number of portables doesn't mean a site can actually tolerate that level of increase and so I wanted to get a sense of what what that difference is and the one piece that I was reminded at at every single school site and so I had to put it up there is they asked the task force to just remember that when you add portables it means you're putting your putting in additional students and you're giving them less space so that's a double whammy is what it ends up feeling at a school site and so all of them pointed it out and so I felt I had to I had to include it in my presentation for this evening and here's the comparison so along those comparison points that I mentioned we have the portable modular the permanent modular and the traditional nuke new classroom that's actual construction the portable modular tends to be the just relatively speaking least expensive the traditional is the most expensive and the permanent modular Falls pretty close to the much closer to the traditional side and then the portable side on the timeliness side we have the portable modulars that are easier to put in place and of course the permanent modulars which so you know six months isn't that bad in comparison but the traditional as we all know takes a lot of time a lot of architectural work a lot of processing through the state and requires a year to year and a half to actually open something up on the flexibility side a flexibility piece is about when you place a portable you can actually move it so if you have a change in demographics and you have growth in one side which then moves into a decline on that side and growth in another school site you can pick up a portable and actually move it it truly is portable that's not true for either the permanent options the permanent modulars and the traditional construction it once it's there it's there it's not moving anywhere the life cycle does very pretty significantly the portable modulars is expected to actually is built to last about 20 years with an appropriate level of maintenance most school districts do use them for much you know well beyond the 20 years and they can last up to 30 years in pretty good shape the permanent modular is in traditional construction is built to last between fifty and a hundred years that's a pretty big range and that range is highly dependent on the sort of maintenance work that is placed on a school site any questions on this in our school district where we have we know the perm the traditional but the portable as opposed to the permanent models just easy ones for folks to compare um if you think of Island the former Island High School site those are all portable modulars and on the permanent side Franklin the double deckers we have our permanent modulars so the actually Leland might be able to add a bit more to this but there is definitely a difference in quality of a classroom depending on whether it's a portable modular or permanent modular that's correct and some choice to on how you want it to be configured in some of the permanent modular so you can have a selection of how they the configured heating air conditioning ventilation systems and so forth can be chosen before they arrive on site a permanent modular set on a foundation and a portable is set into the ground and held seismically but it's not on a foundation so they don't last as long we're not constructed last as long so influent alright so I want to give you let you guys know that the task force meets on a weekly basis and we've actually covered a lot of ground and the report on the options to balance and roll in elementary enrollment with capacity is currently being updated and is actually close to while I only focus tonight's presentation on the building up option there are other other pieces the other options explore that are close to being wrapped up the task force and at this point we've made a determination and are close to being able to to present a recommendation to the superintendent on the miscellaneous rooms by school site and which of those we believe can be converted into regular classrooms and we've also taken a good look at what the impact of eliminating choice on the attendance boundary lines for elementary schools would look like and and then taking a look at what does this do to the over an interval of over and under enrollment figures so um we still land with some schools that are over enrolled we land with some schools that are under enrolled and what most of our discussion is right now as we're wrapping up is sort of we have two ways we can go our charge was to find options that would deal with the mismatch between enrollment and capacity and one Avenue addresses only the over enrollment size side and that's when we're exploring options to build up school sites that means adding on new classrooms to those school sites that are expected to be over enrolled that cost money as a couple slides ago we saw and does not address the under enrollment issue it address the sort of one half of the equation but those are options we're looking at other options go along the lines of again looking at the over enrollment in under enrollment and looking at changing boundaries without adding additional classrooms to balance that mismatch between enrollment and capacity so we are getting close to being able to provide our recommendations to the superintendent and do expect to be on time and on target to provide something for the board at the first meeting in February as an information item and then as an action item at the second meeting in February sorry i forgot i needed to use the mic since we have this in in two parts i thought if there was specific questions from the boarded regarding this we dialogue that and we move into the 6 12 and then i have some additional comments as well any question so as i understand it lose you will you is this the only option that you're going to present to the board before the recommendations are presented I'm sorry one more time that's the only option that you're going to present to the board before the recommendation is presented in February this was intended as an add-on to the special board meeting on the twelfth where I explored in greater detail many of the other options were exploring this was the one that we had done the least amount of work on so I wanted to provide an update to the board on this item and give some more details that I had not provided at the other meeting were there some other questions at that meeting about facilities about using facilities I think that you that weren't exactly completely answered at that meeting about using Ivan high school using the other facility were you going to answer those as well or can you answer those as well I'm actually taking a couple of steps there are some questions that I'm able to incorporate and fit well within the report the ones that I can't squeeze in because it was an outlier some way I'm just going to sort of add in an appendix of all the questions that are left unanswered that I couldn't couldn't squeeze in okay and so it just took two to summarize you met you said that the this discussion which is on kind of an extension of the of the january or december 12 ocean you're just talking about options to address / enrollment the charge of the task force was to explore options that would address the mismatch and for both are over enrolled and under-enrolled schools so we are looking at options that address both portables on certain side it yes any other mike i guess as just sort of feedback and direction considering was presented at the December twelfth meeting and what you're presenting here there appears to be a number of options or opportunities to make recommendations that have both short-term and long-term implications and the question that we have is you know which ones are gonna be the Shorthorns versus a long-term and how do you how do we balance that off but the other question or the other observation that I came away with from the December twelfth meeting was the fact that some of these programs potentially are site specific options to engage in a program whether it be to address an under capacity over capacity really ultimately have to get down to a site level type of tailoring of the program and in it it was really kind of struck me as to how how if how are we going to address or do is there going to be the ability of a school site to in essence decide for example there were some options about reusing classrooms or changing programs at the site like class size reduction that could change the overall capacity of the things but how would we would the school make that destroys the parent with the parents make the choice I mean would you even or because that can't be decided at a site level we wouldn't even bring that recommendation forward I mean I'm sorry that's what I'm trying to grapple with this is that how do we how do we bring those recommend I'm just that's the confusion i'm having is is that are these these recommendations going to be sort of district recommendations that really only address district issues in the social school sites are basically and big you left with very little input is I'm come I think are they going to get a smoker's work of choices in other words for example we know at site a they need to do need to address over capacity and they could potentially we have three or four different solutions that could address over capacity it could be a B and C options rather than dictate a B or C as a recommendation would we allow a school site to pick a B or C see what I'm saying I guess is it's it isn't going to be just district driven or is it going to be site driven I guess is really the problem I'm having or the time trying to get my head around in terms of the process and the feedback and all the feathers test for she stuff that's going on so um that's my observation or my feedback if it makes any sense well I thought you loose at the time was it I do and let me offer this just so that we're all clear about how we see the next steps happening for that the task force is charged with making recommendations to the superintendent the superintendent will then make recommendations to the board the task force I'm going to take one of your examples for class size reduction we read through the notes we all we had some of the task force members were present others read through the notes so we're all familiar with the conversation that occurred regarding eliminating class size reduction either by grade or by school and the task force then as part of their recommendation to the superintendent will have a discussion about what eliminating or reducing it one school site means or three school sites we have three that are expected to go over enrolled what would that mean the pros and cons given the facility financial and program impact and then ultimately make a recommendation about what we think should happen with class size reduction across the district or by school site of the second example was your question about the the miscellaneous rooms the rooms that were used for purposes other than regular education or special education for that we really did want site specific feedback I've met with every principle and we actually went and looked at the miscellaneous rooms use of those rooms and then I push the question of what happens if we converted all six of these rooms and then we did a tour we walked room by room to try to figure out where could we place this function if currently you have title when services provided in this room is there another place where you can provide this function if you're using this current classroom for an after-school program is there another room we can do this in and D at the last special board meeting I presented that list of all of the rooms used for miscellaneous purposes as i'm updating the report i now have the list that says and these are the rooms principles agree that we can convert so it is it we actually I've been to sites very very often and it's it isn't speaking with principal specifically to try to come up with what the best options are going to be and some of it is going to be district driven and some of it will be site driven but it's definitely add we're not acting alone I guess my formative one question I noticed in all of this discussion there has been no discussion about changing these schools to in the old facilities management report of actually going year round with them as a capacity enhancer never been brought up and I'm kind of wondering why that was totally ignored it's actually it was included it was come came up on December 12 at that board meeting so it's one of the items in the notes and we've not actually gotten to discussing that one at length and the task force I don't remember class you're right that was double so I'm talking I'm talking about the the real use of doubles the sessions where they used three out of four out you're on three off for its not year-round i was thinking around i'm sorry about the delay that's actually in the facility report where you actually increase the capacity of a site by converting to a schedule that allows for sessions worth you're on three off one and you continually use the school the entire year that's what they do outlet can antioch and some other places to increase the capacity of the schools without actually adding portables and adding is is they go three tracks you go you're on three tracks and you're off one but it used the facility the entire 12 12 months I never saw that option so I was kind of wondering why that was never considered okay David thank euless I'm a little I understand that staff needs a vote by the end of februari on some short-term options but I'm the more I look at the calendar of events for the task forces I am a little worried that there's really actually between now and the 26 no more no workshop apart from three minutes here no opportunity real ready for public input and we're potentially making some some long reaching decisions here and so I'd encourage staff to maybe split up the short-term solutions and recommendations from long-term well obviously they need to work together but if that or at least maybe that would be an option to allow time for public input another public workshop yes at the December twelfth meeting we did we heard that message and that is something that we're taking into account as we develop our recommendations good because I didn't hear that and looking at the calendar you know superintendent recommends options to the board on the twelfth and then bought of then we vote on the 26 and there's no more workshops I'm sorry just to clarify what I meant when I said it would be included in it is in the included in the recommendations that the task force will make to the superintendent we will notice are some short-term solutions and these are the long-term solutions and then it sounds like with the long-term solutions we should add on and here are some other workshops we would need to hold in order to make some of these happen right I would appreciate that loose did that I miss it or did you mention what the composition of the task force is I did not today I'm 1c I'd be good just to put that American hat and how how that well go ahead and I'll be sure ok I'm going to end up forgetting something myself and I'm responsible for facilitating the work of the group our director of maintenance operations and facilities Leland Knoll is a member we also have David der king who has a tremendous amount of history with the district and i believe is sitting behind me somewhere and he's our student services and compliance officer i believe is this title we also have on from the district office we also have a sort of someone i'm using on a tag-team basis as I need information and that's our coordinator of assessment Lenny find blanc and say i hope i pronounced that correctly and then we add from the school sites we also have numerous principles we have Jeff Cano DH principle of Otis we have marketa Williams the principle of Edison they also have joy Dean principle of Earhart Jan Goodman the principle of ruby bridges and I've also brought in Marlene gross of ish who is a former principal and has a tremendous amount of history with a district as well ok so I would just have a question it was mentioned I think in in the earlier the public comment why why did we not have any teaching staff on the task force or any parents was a since they've been intimately involved in this suit yeah it's going to say when I originally created the task force and presented it to the board I saw this as a really internal work around our facilities in Roman and not about our program and in fact when we get to the secondary report as well and from what we're hearing from the community there is still the issue to be addressed about program and options at the k5 level and we need to build that into this process and and our intent is to look at that in k-12 as a whole and we'll describe that a little more but that was a deliberate decision to do it internal for this specific task I I just would say that I do think we have to keep in mind that it's important to have people involved in whatever capacity they have in the district who have a long overview of the district and as we you know we hear all the time about baby boomers but I know a lot of our staff is going to be retiring and coming years and we have many people who have only been here one two three four or five years but we do have when there is a possibility of having some excellent people who have you know 20 30 years of experience and seeing how things have moved and gone and that collective knowledge is important I think to consider in getting input any other question okay okay Debbie will handle the next part of this report good evening and you'll have to forgive my voice it may call at any moment and then I'll have to stop the presentation tonight is the first time you are hearing from the secondary educational options task force and one of the reasons is we had begun in October with a five-member exploratory task force who began researching some options for the superintendent's pathway to excellence and equity and since our meetings have just now concluded right before spring break it's an excellent opportunity actually to share what we've learned and where we're going next our task force was had this problem statement and one of the major hurdles our schools were facing has been the inequity of elective program offerings for instance personnel and funding resources between smaller and under a smaller enrolled schools compared to larger enrolled schools and this problems led to really inconsistent course pathways programs and services to kids our secondary task force charged as you can see on the screen these are our major outcomes we're hoping to come out of this in the next several phases of this work and at the same time that we're striving to ensure that all of our students are meeting high standards or district is really undergoing tremendous change tremendous pressure from outside forces to attract students to our public schools and inevitably this becomes an opportunity for us as an educational system to take a look at our good schools that we currently have and refine them to be the best schools this is our original timeline we just finished the initial exploratory task force in December I also want to recognize the five members of the team that started with us in October and these folks are at least castrol from Island High School Jed kempson who's behind me from chipman middle school Sean mcfetridge our director of ROP and post-secondary options and the principal of asti and Wendy ponder our director of curriculum and instruction and myself as facilitator their work has intended they're going to be with us for the long haul but they began with doing some research trying to look at what other districts are doing not only around California but across the nation looking at best practices best specialized programs all kinds of unique options and opportunities and then doing some deep research studying it asking questions some of the ideas explored thus far have included restructuring our middle and high schools taking a look at reviewing grade span reconfigurations for instance developing magnet or specialized program offerings expanding our career technical pathways so those are some of the things we're looking at we have specifically approximately ten options we've deeply explored and we're looking to expand the task force at this point from the 5 to about 13 or 14 member task force and the reason for the size is to make it a doable task force a task force kit that can really get down down and dirty and get the work done we're looking at including teachers of course CSE a representative and parents on the task force they will help expand these ideas take a look at these 10 ideas that we have and also expand it further with their own ideas and then we'll bring it to the superintendent and and bring some recommendations now this is broad base 612 secondary reform and restructuring efforts the other piece to answer the question about why not more more folks on the task force I do want to reiterate that the superintendent has designed in in this pathway to excellence inequity a forum multiple forums for two-way feedback whether it is her the sounding board that she is using that she meets with board workshops that will have in public in the in the public forum and other stakeholder groups that she's working at that we're working with 42 a feedback so we feel pretty confident that we're going to get a lot of feedback around our options along the way I also want to tell you on the timeline that we have at this moment in time we've added expanding the elementary voice for k-12 alignment in March and the reason why we decided to do this add this piece is right after the board action in February we're hoping around what the structure is going to look like in our elementary schools then we can then take a look and design and take a look at designing what our program options are for our elementary schools as well so we're at we will be adding elementary voice to the task force that's not part of this 14-member task force that i'm talking about that will be in addition to this next slide excuse me let me take up this next slide we decided to there has been various forums that we have encountered from November through December and through these various forums we've heard from our community the need to provide school options for the diverse learners in our community in our schools and as we continue to ensure all students meet high standards students and families also want unique opportunities to explore sooner rather than later we had an 18-month timeline for the task force and we really wasn't planning to implement any new work until 09 10 school year and but with the feedback that we're getting and we want to put something in place for the fall and this is for the school year this upcoming school year so this option that you're looking at right now one of our 10 options that we were looking at was just designing specialized programs in our schools that will entice students from across the district to say if they are interested in this science technology pathway that this is the place to go to this group they're spending some grassroots efforts this chipman middle school is a program improvement school they are looking ahead and being forward thinking around the years ahead as a program improvement school knowing that in year four of program improvement they will need to redesign and restructure the school and so they're thinking ahead and so they'd like to start off with one of the phases which is this one up here on the screen which is this end the science department has been doing some researching they are thinking of going green and this is one of those areas New Horizons that is very much in the demand it career wise and so its environmental science that will include hands-on community services using our Bay Area local resources the science department has been working on a pathway for this elective course offering for the fall and we're going to with district support put this in place as phase one of this work this is a specialized program and the reason why we thought this would be right in line with the work that we're thinking is we're also looking ahead at our high school pathways around career technical pathways and we are looking at going green environmental science looking at those career tech pathways ROP programs along the way for our high schools so this could be clearly an ideal pathway 6th grade through 12th grade and we want to meet this student in community needs so the coherence with this work that's already in progress as I said we're putting in this specialized program for the Fall it's a beginning phase and the next several phases the teachers also want to think about what school-wide program will look like along the way and what the other content areas and building the thematic instruction around perhaps the go green idea and so they need some time to work on it and so they're planning on using this spring the rest of next year to do some deep thoughtful deliberate planning work with the district office and EDD services around curriculum resources technology that they'll need to put in place looking for grants and other resources to support the work and so hopefully you know they're working on this now they're meeting and they have planned meetings there's also focus groups going on that will help give us more information along the way and so work is in progress and my last slide I want to share well what's up ahead we understand that there's a huge desire from our community to build 12 k12 coherent pathways and taking a look at specialized instructional programs so 409 10 or taking a look at one of our 10 options which was expanding specialized programs at the West End schools these are mostly under-enrolled schools Washington Elementary chipman middle school and snow high school and putting in some specialized programs and as I said Shipman middle school is already on the forefront beginning this work with their science pathway for the fall which will lead into Encinal high schools ROP career-tech pathways as well and then we'll take a look at Washington Elementary and work with the the staff and and and the administration to see you know what is it that will make a coherent pathway k12 so that's in the works for this this is our plan for 09 10 and I the second bullet is very important to us when you take a look at the green environmental science biotechnology the arts media these are things that we have been in ed's services working on already because we wanted to expand our career-tech programs this is a new horizon the state of California is giving funding for these arenas and we want to be on the cutting edge 21st set for 21st century students and lastly you're wondering how we're going to get all this work done behind the scenes we also have this ongoing secondary educational options task force that will be continuing to explore not just these two specialized programs but also the bigger picture what what does Lincoln would middle school Alameda high school island high school asti for instance what are those schools going to look like in the future and these are all in phases at this point in time and this is our future outlook and we want to have something that five years from now we're going to be so proud of that's working that's sustainable that's viable that is working for kids and meeting kids needs that so we want the time to really do a good job and a deliberate job on planning this so welcome any questions why I just wanted to add that in relation to the chipman work Debbie and I met with the principal and vice principal of chipman today and they're working intensely and moving forward at a almost a pace that will say that I think there may be some report further report to the board that will be bringing forward about where they are and what the program will be like and they're planning to share with their incoming fifth-grade parents and the promotional the work that they are have begun and where they are so what we've described so far is where they are not where they may be as to what happens as of September just to clarify thank you questions I have a question yep Debbie do we have other school districts or other in California or in the united states that you've looked at that have done something similar to this the specialized program yes yes and we're stealing to you were stealing so your loom other districts yes there are other course descriptions around the science pathway that we're looking at so there's yes oh thank you um again it's similar to the question that I asked have lose it you mentioned there was 10 options that were being discussed by the work and and now we're hearing about one of those options is this specialized programs are we going to hear about the other 10 yes yes our calendar of events we have us also coming in to speak to the board as well we'll have special workshops as well it and in terms of the timing as we this is the point where we need to add to the task force and we want to get that in process so that they have a the new group that will be formed that will include the teachers and other representatives will also have an opportunity to work with this and react to it when as we bring it forward from the community because they may expand that or have some modifications so this is that's in terms of the timing this work was meant to be initial research and kind of a brain piece and the next level is really to involve these are what we've looked at these seem feasible what does this group think and so there will be further refinement as it comes full I also want to add that it it looks like the 18 month timeline is too tight and that the secondary as word as work I think it's a continuing group for a little while and it will take longer than 09 10 to complete this work and we want to make sure that we're doing we're planning phases because now that we're doing these specialized programs we want to make sure we do those well and thoughtfully so as we're doing that work we're also meeting with the top the secondary task force and coming up with options but it may we make I may come back to you in future meaning to say we're going to be extending the timeline because we may not make it um Debbie what specialized programs the specialized chipman middle school so this is already moving forward this this is America focus on science yes yes change in chipman it's going to be a magnet school but this isn't something that the board has to weigh in on you can comment on it here here's what I also want to add we have taken huge steps around instructional improvement one of the things that I am very strong around is the secondary sim work this is the strategic instruction modelsim that we implemented this year and I think about it at in at least a five-year plan this is not something we launched one year and we turn around and try something the next year this is one of those programs around instructional strategies and instructional tools for teachers we want to have in place for a long time well I know if it works we want to know that it's making a difference so underneath underlying these specialized programs we also are infusing and making sure we integrate our instructional tools alongside with it oh and I understand that and I think personally I think that this is a great idea but I you know there's some statements in here and and other things about attracting other into that making an ax magnet program etc which would seem to me to be go a little bit beyond just having a a few curricular changes or you know haven't hiring staff that focus on a certain area and that's my question I guess is that if this is really a secondary educational option that's being adopted or that's been adopted already I you know I would have thought that it might have been we might have heard about it or had an opportunity to approve it or you know we had some input at least before it was put into place yeah wait one thing go go your meeting okay in which case that's a couple of questions in the elementary task force they had some categories of solutions capacity changing attendance boundaries creating magnet programs and so we're hearing about programs tonight yes is the task force addressing the other possible solutions we are at and were we're in close communication with the elementary task force so knowing what you know as much as they're ready to make recommendations were right there listening with that and that will make that may make an impact or not and depending what it is and that's why adding the elementary some elementary task force members in March will be important we are exploring taking a look of a some of the options specific options we're looking at is one high school and two middle schools one of the options we're exploring is a high school one high school but two campuses east and west some of the other so we have all kinds of restructuring options as well we have grade level restructuring options such as a ninth grade academy and a 1012 we have taking a look at K sixes and 79 and that's why working with the elementary task forces is really important sounds like an excellent topic for another public workshop huge huge so so tonight we heard just a programmatic right now into the issue we're putting into place a curricular focus so 4 08 09 4 chipman probably a year ahead of that we have to but it's a good thing that we're starting to do that because then it helps start to lead to the rest of the pathway as well around high school so we are going to put in place the chipman program the science pathway as the teachers are working on they're going to take some time and and work on what the rest of the school is going to be looking like and thematic instruction and along the way those pieces and have more to report to you about those details but yes we are putting in because we're going to have some major we have major imbalances right now as you stated right and they're potentially going to get bigger and then magnets by themselves may not so is not the only solution so Tommy just that's why we need the bigger task force now we're ready for the rest of the folks to feel this pain so when when might we see an April a community workshop to present initial secondary probe program options which includes restructuring options as well and boundary changes and what you heard from the elementary task force when loose presented all the options will be very simple it'll be parallel okay so that'll be sometime in April yes thank you and then my other comment would be I had the opportunity to attend a meeting about the chipman program on Sunday was very impressed my initial thought or an initial thought is that for this to work as a magnet people need to know it's there and while I'm sure we've got a great TV audience tonight given that the fifth grade middle school night I think I coming up within the month I am curious as to what plans the district or chipman specifically has to market this program too I'm thinking specifically the Lincoln area but basically district-wide to to fill up some of those classrooms and chipman definitely judge has a plan for the chipman information night and we we will be working on communicating to the school sites I'm sorry I also need to say that what i saw this is there is at going back to that rationale piece that we were talking about we have to acknowledge the chipman is improvement program improvement status and with that potential facing us in terms of options that end decisions the district would need to be forced the work at Chipman that has been going on as it went through satan and involved in program improvement we have what I would call a grassroot almost very developed place that they are at and it made logical sense since we knew we would be going down a pathway of specialized programs for us to give the green light and agree let's do this work because it will fit in the long-term work that we know we're at so part of a membered jensen's question I'm trying to respond to your question of the the logic of this and and the board's role and I still see this as programmatically what we've been talking about in terms of curriculum and the direction the district's been going and looking at the ROP program and options and choices say I agree hold on in that so in that vein at it is currently being promoted for the chipman community and wider as we know in terms of open enrollment and our process for identifying schools it's based on space available and there's an open enrollment window that is coming up in January in February in February actually that is another opportunity as chip continues to develop this that we can explain it in to answer your question in terms of potential marketing so it will get marketed to district-wide to other Elementary's not just to the chipman canaria yeah yes thank you David sort of touched on it and I just it's just an observation that i have that it seems that the way we created the task force that the elementary some for some reason has a facilities focus on the secondary has a program focus and you even alluded to the fact that you're going to wait till the elementary group finished before you started looking at program and the initial recommendations from that elementary test first actually didn't even want to go into the program area at all and so I'm kind of wondering because of the nature of the beast in terms of the amount of knowledge and expertise that's needed it almost seems like we need to realign the task forces so that the there's a there's a facilities focus that's k12 and there's a program focused that's k12 because it the I can't believe that your group is now going to take all the time and energy and effort that the elementary task force did on the inventory of classrooms and all of the additional vagaries of how to learn it just seems like it once you've looked once you've comprehended the terms and all the things it doesn't make sense you guys are going to have to gain expertise in the facility side and have to be able to make those type of recommendations so I mean like we've already done what we've done and we need to move forward with our recommendations but I'm if we're going to restructure this I would think we'd almost have two groups that were there's going to be overlap because at chicken-and-egg obviously but there's some it came up pretty clearly in the elementary workshop that once we started talking about these things they had impacts that went up the continuum so freedom for facilities me so yeah I'm just it's just an observation and you know we can and I'm sure the superintendent will deal with it an incoming things but the and the other option i will make is once again i don't like to say i told you so but the problem we're running into with these task force because is once again this whole disclosure issue yeah right now I'm really shocked I mean I'm to be really blunt I'm really shocked that we went ahead and we do this is our first update on the secondary options we've got a written presentation that's being distributed but you just named five or six options that are modular options in this district that would bring we would fill up this room if you talk about creating one high school or to two middle schools and that's the nature of these of these processes that if you guys are seriously looking at those options how do we engage the community in a way that gives them opportunities to engage in a transparent manner and to and all the other think that's the problem I'm having with this whole process is that it's it's all of a sudden going to be come on from high again so I'm once again just speak real careful about this we need to continue to try to be as transparent as possible any other question I like to one more facing you with regard to the this slide the options task force in the schedule again I since my questions been answered and this is the first option that's been adopted without board input the recommendations to the board in September will those include other are those all going to be programmatic options are they going to be our major charge in the one of our their first slides that shows our charge basically was really to develop high quality secondary educational program so it really it is a program focus and whether or not we align reconfigure schools or it all look through the lens of high-quality programs for students what's the best educational model and as as frightening as some of these do sound and what we did as part of our process of the five of us is we threw out all the ideas that we've heard and so we did an ishal brainstorm they came out to these ten ideas and then our process was taking a look at what are the strengths of it what what are the areas of need and more research that needs what questions who's doing this well out in the world and and then knowing that k 6 model for instance in a 79 and a 1012 reconfiguration most likely will not be feasible because of facility use that gets kind of checked off and pushed to the side we we looked at it and we knew that what it wasn't feasible we moved it aside we concentrated on something else one of our other options is looking at magnet programs across all three middle schools there's reasons and rationale for all of these that we have have set but yes I understand the context of how we have to communicate and hear from the broader baseball's that's why i said i'm happy to expand this task force at this moment in time share the pain and go out in the world and share it with others and get feedback like we always do and i'm finally to remember McMahon's point thee I appreciate I like this idea i think it's great i think it'll be great for shipment will be great for for any pathway from washington or patent or other schools but also if we if this does happen this could reduce potentially the need for facility increased facilities in other parts in other schools that are impacted right now there may be a second parent of a first grader and I may say well I'd like to go to Washington so I can have this katholieke chipman for my son so yeah it is too it's a it is a moving target along the way and we're doing this work all but hopefully we're doing it thoughtfully right with research and you know we want research-based options so and we're looking at good models out in the world and doesn't mean that is right for alameda either so there's the Alameda context how does it fit in our district I'd like to ask our student board members if they have any questions Alison I have two questions actually mentioned in the power point that you're going to increase the task number of task force members to 13 and 14 members are these increases and members going to be representatives from HS or install yes yes all all secondary schools will be represented ok and my second question is you presented an option that has basically attracted students to under-enrolled schools but are there any options that help alleviate I guess the crowdedness of oberon world schools like Alameda high school that's one of the main reasons why we're looking at this work is we have two high schools one has 1,100 students and one has 2,000 students and so if in designing a program for instance a tense no high school which would attract kids who are really interested in pursuing an environmental science pathway the go green concept for instance and Encinal high school is the school to go it may be open enroll it's open enrollment at Encinal high school and you may want to pursue that pathway and so it could lure and entice kids from alameda high school too and snow high school may be helping with that enrollment balance like just one more that I challenged the elementary task force I unfortunately you get stuck with it also is I'm not challenged enough obvious I'm just pointing out this is my right once again back to where i'm at is one of the challenges that we've had in the past when we had these meetings for budget cuts is we get to the point where we have the community meeting and we present the option and everybody goes well what do you mean the option because didn't you think about all these other options and the fact is it appears that this group is in fact got 10 options and they're narrowing them down and doing the things what they did is they ended up presenting all the options they explored and then had to document why they dropped those options so I would hope and expect that these 10 options would be published as quickly as possible as a prudently as possible and with the rationale so that people could actually say because the one that they dropped was the program option 2k5 and the feedback came back pretty loud and clear why are we dropping it so there may be honest you're going to drop that our facilities ones that we're going to go the communities don't go maybe not so I'm just that's that's my whole David and Debbie while I understand the need to proceed deliberately I would also submit that and what I also submit that agree that chipman was ready for something the very fact that ribbons as far as long as it is shows me and I have heard you know numerous places that there is a demand for moving faster so i would caution you not to let this timetable slip or ask to to keep pushing thank you thank you debbie just for just one thing in and this is so complex i realize like a kaleidoscope time you shake it it all comes a new little bit design so good um but in in terms of like the pathways when you're talking about ROP courses ROP courses i think students have to be 16 to enter them so you're talking about junior and senior year yes and so I mean I had this this then poses you have a program at Chipman and then you have 9th and 10th graders and that means you have to develop a whole new program because they're not really I mean you have a ROP potential program but then you have to do something so I realize everything it's yeah the other horizon is the career technical education which goes seven through 12 okay so and that's where there's money money there for our taking well I realized that all of this can be worked out but as each and i think Mike's idea of looking at both the whole pathway in terms of curriculum and then in terms of facilities and because what we are going to have to I will come to some some real barriers and blocks you know what if this then you can't do it this way that you have to do it this way and I think we just need to get a you know a clear picture as we focus in on the essential right elements okay thank you commentary we have a couple of speakers on this item first is Patricia Sanders hello again I just wanted to make a couple of points and you had asked about the teachers wanting to have input and most definitely at the elementary at least at our executive board level we have been asking repeatedly to have representation and have been anxiously wanting that and not only for ourselves but we think there should be representation of all the stakeholders and I and I am a little disappointed to hear some of what's been said tonight because when you bring stakeholders together at the beginning and I think this goes to your point and a point Mike that you made early on in the school year when the pathway to excellence was just being brought forward that you could do all this work and tasks forces and then you end up with ultimately you guys have to make the decision and I think if you bring people in at the beginning and you let them participate in the brainstorming and the pain of the process not to rubber-stamp what's already been decided by a few group of people but to come in and and generate the ideas you get buy-in you have the community involved you have the teachers involved you have the various different unions and associations involved and I know that's something that we feel we would like to have is that input to really be a stakeholder and not someone who comes in later on after the decisions have been made it doesn't make sense and I think that again i challenge the board to give direction that this be done differently than how you've done business in the past because maybe you have asked for input in the past but you end up with these meetings where people are very unhappy and I can already hear from some of what's gone on I I can go back to my members I know that there's going to be many who are going to approach me and say what do you mean this has gone on why is this happening this way why weren't we involved in the process and that so I I think you need to consider giving direction to the district to do things in a way that are much more inclusive and bring the stakeholders clearly to the table to be able to participate actively in process and then you're going to have what you want in the end you're going to have a community that's united behind something or at least has had the opportunity to buy in or say no we don't like this it in you know you do it up front instead of trying to put out fires on the backside so really that was the main point other than to really bring all the stakeholders and that includes not just teachers but the Association and CSEA all the associations in to what needs to be done thank you thank you Ron Mooney good evening mr. president board members so I actually sitting here tonight them excited about what I hear I've been involved in a school district that is one tenth of the size and the rework and the redesign that they've done and it takes years and a tremendous amount of resources to make that happen so my recollection as your superintendent rolled out this process in september-october certainly mr. McMahon the board member McMahon is right he's going to say I told you so and he's going to continue to say I told you so but that what you're grappling with isn't something that's a six month or a 12 month or an 18 month timeline I think what you're looking at is what are our public schools in this community going to look like over time and that work doesn't happen in a few months and and I heard that at this point in time is was when after some of the basic data got put out then more groups would be created and I think probably the one thing that isn't quite clear and that I would would hope that the board would would step up and take leadership on is more community workshops that are bored workshops where you sit there and say hey what do you want unfortunately it's going to be so messy it's like a city's general plan quite frankly and with very frankly with your lack of outside resources money facilitators to make this work we're stretching our staff are in our teacher so thin to ask them to do all this work but it's got to for the long run of the school and you know I daresay some of your board members won't be here when this work is done and in fact if you think about it on a long range cycle of inquiry I think this district is very familiar with is that process that you're doing but this is point in time I think it's wonderful that we're starting to look around and I hope that that instead of maybe using the phrase with with a little humor to the assistant superintendent of sharing the pain let's share the excitement and the passion and yeah it's going to be a little painful and there's going to be some arguments and and you know it's it may be in this televised setting was the first time somebody brought up well geez what if there were two campuses and one of high school and two campuses but that actually came up last June that in a public meeting where people start asking questions like that so people are asking people are excited about this process not necessarily that everybody agrees but but I hope you support your superintendent not only in our staff and doing it but also the school board starts holding public hearings and saying hey you know give us your input let's have some of the messy meetings and record down what you get and I would submit that it'll be very messy and board member McMahon will have a hard time keeping all the facts straight thank you we'll move on to the next agenda item G for budget development calendar for I'm sorry g3 governmental Accounting Standards Board statement 45 yeah how could I skip that one gas before I think I wanted to skip that one accounting financial reporting I have an audience to tell you how exciting that is for me good evening this is something there a couple of acronyms here that you've been hearing for a while now so this is going to be my opportunity to go into those acronyms with greater detail gatsby the Government Accounting Standards boards set standards for local and state governments on how we prepare our financial statements Oh peb is other post-employment benefits and I was actually recently asked a question of other than what it's other than pensions so pensions are a part of that total compensation package and we do set money aside for that anything other than pensions is what we're going to talk about tonight this is probably going to be the first of a couple of presentations on this topic my hope tonight is to provide you with enough of an overview so that when you receive the actuarial valuation you'll be able to get through it so it's we're not going to become masters out that this evening but that's the goal is just to give you enough information so that when you read it can make sense of it and then I do see one more presentation eventually swear we have to come up with a plan on how we're going to approach or implement Gatsby 45 in this district for our district we are set to implement Gatsby 45 in this upcoming fiscal year so a quick overview of what we're going to do I'm going to go over my favorite acronyms and then these are the four areas that I'm going to cover and most of it will be actually on the what will the aus do piece of the of the presentation all right I actually need to get one more um these are my three favorite acronyms Gatsby as I mentioned is the Government Accounting Standards Board they set the standards for us and those standards for our financial records are aimed at making public agencies accountable to constituents so the idea when they set a standard for us is to put us in a position where we prepare our financial statements and it's usable by a constituent so people should be able to read our financial records and know what it means these standards are not laws and Gatsby has absolutely no enforcement authority they cannot make us comply with any of their standards but to be clear we do indeed comply with their standards so while we're not required to it's not law we do indeed comply with them and the reason we comply with them is because Gatsby is seen as the the sort of one lb all for government and what are called generally accepted accounting principles or practices so these practices are checked every year by our auditors and if they're checked every year by your auditors you can be guaranteed we're going to comply with them our auditors are going to have a good probably going to add on a day to their site visit with us next year in order to be able to do this piece of their audit Oh peb as I mentioned is anything other than a pension and what I one of the points I want Estelle sort of start learning is that these benefits are benefits that are earned during employment and taken after retirement so every day that I come to work I am earning a benefit that I will not receive until after I retire that is true for every one of our employees and that is what Gatsby 45 is focused on is we have this expense that's coming along that doesn't actually check isn't written for it until the long term but it's an expense that incurs that we incur today you go back one for me Kathleen the intent of Gatsby 45 said question here is why was it issued historically governments have financed Oh peb on what's called a pay-as-you-go basis we receive the invoice we pay for it but that invoice is only for the current year so whatever we receive for that current year is what we're paying for the promise of the benefit from today is not is not shown anywhere and those unfunded liabilities are expected to actually grow pretty drastically so in this case what Gatsby has essentially determined is that our financial statements are incomplete we're only reporting a portion of the benefit that our employees are receiving we are not accounting for that future benefit that promise that we've made to them today they earn a benefit we've promised it to them it's in contractual language but it doesn't show up anywhere in our financial statements Gatsby 45 says you have to show that liability in your financial statements alright so why does this suddenly matter now obviously our financial statements have presumably been incomplete for many many years why does it matter now it matters now because the two variables which determine the cost of that liability a number of retirees and the cost of health benefits are going up so everyone knows baby boomers are going to start retiring so the number of retirees that we will see will start to increase I don't have to tell anyone that the cost of health and welfare is going up and has been going up at double digits over the past couple of years as those two things occur the portion of our budget that will be used to fund those retiree benefits is going to go up Gatsby Gatsby wants us to take that into account and start thinking about how we're going to fund for these two increases all right so what changes seemingly not that much benefits are still going to be earned during employment or every day I go to work I earn part of that benefit I won't receive it until after employment till after retirement the difference comes in when it's expensed so Gatsby determined that good accounting proc for good accounting practices the cost of a peb should be recognized when the promise is made when it's earned not when you actually pay it off which is many years down the line so the new standard that last line shows does not require us to fund that liability there's no requirement for funding it and as I mentioned before Gatsby doesn't have any enforcement authority over us there are however some pretty quick ramifications to not funding which I'll discuss a little later on but it is it is not required to be funded so what are we currently doing to implement Gatsby 45 our first step is to hire an actuary which we've done the actuary has actually completed the valuation and I have a copy now of a draft report and the two variables that I've included up there the benefit program and the people i've included because those are the key pieces of data that determine the cost and liability of our a providing a peb when this step is actually complete and we have a final report our actuary will present that to the board and we're going to get a sense of some figures and once we learn what our liability is we're going to have to take a look at what assets are available to pay for that liability and just to prepare the board and the audience say this once and i'm going to go visual here when we get the results of step number one it will be a liability somewhere up here when we take a look at the results of step number two our assets are going to be somewhere down here our plan our number three is to figure out a way to make them match up chances are the number we get as a result of the actuarial valuation is going to be a pretty unfriendly number any questions we have an order of magnitude it will be in the millions I'm hoping not the tens of millions and I say tens plural we could hit the 10 I'm hoping out on the tens of million okay these three terms here are going to be in the actuary report and not the easiest concepts to understand but very important concepts to understand those are going to be three numbers we're going to see and that are going to be very important in how we think about what we're going to do about our liability the first actuarial accrued liability at the AAL you can think about this figure as the value of 0 peb that's already been earned so the value of 0 peb that was generated last year year before that year before that and just keep going on it's that history of benefits that we've been promising it's the value of that that will be and what I'm hoping is the 10 of millions and not the tens of million the annual OPEC cost represents I don't think I can explain this one without telling you how it's calculated so think of it this way every year we write a check for benefits so if you take the value of the check we will write next year the check will write the year after year after that and keep going down the line so that cash flow those checks we write and then we discount it for the present value it's the present value of all that cash that it's eventually going to leave our district to pay for those benefits so I quick and it might be wise to get get the border and the definitions of these but save you going through this again but on that annual oh babe cost is that then presented as one figure or as a figure for each year it's a figure for each year so the value of that cash flow those checks written this year and we'll do it next year and the year after and if annual Oh pepco does it make sense right now I think with the next definition it starts to become a little clearer the annual required contribution so this is the dollar amount that we have to write out based on meeting the actual Gatsby 45 requirement so it becomes that amount that we have to pay off this year that check will write this year is going to include two components a normal cost and the accrued liability so it means next year when we have to comply with this I'm going to write a check that check is going to be for the current year expenses plus I have to start paying off that unfunded liability that was generated from before so next year I'm going to have to pay for that year's worth of services when Debbie goes to work from July 12 jun 30th we're incurring a liability for those benefits that we will owe her that promise so next year I have to write a check for that value of that promise plus I have to start paying off all that money that I owed for the year before and the year before that and the year before that we have to sort of what what Gatsby 45 is going to force us to do is keep up with the current so we don't go behind plus we have to start to amortize the prior years so we have to pay up a little bit out of time of all that prior year liability that we've accumulated just never shown anywhere have I lost everybody just a question given that most most of us baby boomers already understand that Medicare is going to bankrupt our system before Social Security does because of some of the assumptions that are involved there are some big assumptions in the calculations one is life expectancy one is the expected increase in health care costs third one is obviously the discount rate to get to present value how much input a negotiation power do the district / counties have and working with the actuaries and determining that liability or do we just take what they say as gospel and then allocate it that's a great question i want to say it to make sure everyone heard it there are a lot of assumptions that go into building at these three numbers that are very important to us that are going to tell us how we're going to make a plan and how to fund so if we think about my interim report so I give you about four pages worth of assumptions and that's not even all of the assumptions this is many more pages of assumptions some of them are based on the people some of them are based on the program we provide some are based on economic factors so those assumptions are not taken as gospel we have some recommended assumptions that come from CalPERS CalPERS is the organization from which we purchase health and welfare benefits we purchase our health and welfare benefits through CalPERS CalPERS has a set they have to figure out every year what their unfunded liability is they have a set of assumptions about what age the participation rate they have many many assumptions all those assumptions are spelled out in the report and I wouldn't call it and negotiate necessarily that we do with thee with the actuary the the charge I assigned to them when we started this was to take our data and then build assumptions based on that data I wanted the assumptions to reflect our real life experience other districts that I've whom I've been in communication with I know started with let's talk about the assumptions I do not believe you can develop assumptions without first looking at the data and the assumptions that I wanted included in that actuary study should be based on our real experience and not based on a numbers that will get us to the right place ultimately Thank You Tracy well you kind of answer one my first question if liability isn't shown in our financial statement how do we account for the financial expense and then you showed the slide what will change provides that the liability occurs in the current year and so to that and how can in this kind of suit to on the president's question as well how can the liability be estimated for future years if we don't know the rate of inflation we don't know the change the increase in health benefit costs etc assumptions are made about what those increases will look like from coming from the state I guess um some yeah actually from CalPERS is one the other is from our actual it there Alameda specific so for example and when we have them look at the increases in health and welfare let's do that one there's a difference in what that increase looks like if you live on the northern part of California then if you live in the southern part of California or if you live in Iowa these are very different assumptions because you're experiencing different increases so the actuary will take into account what happens on this part of the country because everybody has to follow gasba 45 it's not California specific this is everyone all state and local governments are doing this are they taking into account we're all retirees are again are getting their benefits I mean or is it just kind of a generalized the number of our retirees and the proportion of benefits it's a great question when we started the actuary study we had to provide two pages worth of single spaced data at a very long list of data that they needed from us in order to be able to come up with the study that data includes census data which says here are all of our employees here's where they are currently in the salary schedule here's their hire date and here's what our retirees look like it spells it all out all the way down to four our retirees they know which ones are purchasing health and welfare through CalPERS which ones live in Nebraska and what system they're purchasing it from it's very detailed data and of course you have to take that data and you make assumptions from it but they did take extensive data um and is there have you thought about or calculated the point when we will be in compliance and we won't be paying no longer paying for current expenses and we will be only paying for future liability I don't have the final figures yet on these amounts but that'll be a big amount but the timeline I guess you know what like 10 years right that's going to highly depend on how we go about addressing this liability which I'll speak a little too more a couple slides down but it really depends on how we approach it there are several ways we can look at this liability and what we choose to do with it thank you let me interrupt the segway for sale so all these assumptions that are going into generating this a RC are they updated annually and so each year at some point during the year we get a new a RC number that's a very good question it's actually not every year it's every two years every two years we have to do a new valuation so that's a new ongoing cost for the district to meet this requirement so every two years we will have actuaries here and they're going to take another look at what's happening so it's always a current figure thank you is this another unreimbursed reimbursable cost it's they're not even attending to reimburse it so there's no over 10 no pretending on that one hard just curious okay all right step two is to identify available assets to fund that liability and just as a reminder to the board and for the sake of the the audience we currently operate on what's called a pay-as-you-go basis so we only pay for the current cost of providing a in the current year we have not set aside dollars specifically to pay for this liability as a reminder we do have 1.08 million dollars set aside as part of the mandate cost reimbursement for the potential of an audit the audit window will close a next fiscal year which is when we have to comply with this for purposes of calculating Oh peb or what's called an employer contribution to meet a pub Gatsby has been very narrow a very narrow definition about what we can count so they've pretty much come down and said you have to really set aside real money can't be an intention can't be an earmark it has to be handed over check written and hand it over to someone else as in a trust in order to count toward meeting this liability so they actually even further narrowed it down because the board for Gatsby is made of city and state officials and I think they knew what all of us would do to meet this liability and so they specifically came down and said you cannot earmark dollars so we cannot set aside a portion of our fund balance and say this is 40 peb that will not count toward meeting this liability and the thinking in that case is setting setting money aside that way only means we intend to use these assets to finance that liability they don't want an intention they want is to take the dollars and set it aside so it's protected from what is that the line it's a protected legally from any creditors vote for the employer it's real money really set aside no options and how does this money get invested is there a pool county cool is there a great question which I would love to hold off into my next slide and because it does there's there some possibilities here no more questions on this one the third step is to match our assets with our liabilities so you're asking about pre-funding so if we put money aside and weep refund that liability we just acknowledge it's a liability it's a promise we've made we're going to eventually have to pay it off let's start setting money aside for it we as a government agency are very limited in the types of investment strategies we can follow if we pre fund we have to write a check put it in a trust for example our investment strategies actually become a little more flexible so whereas government never we would never assume an interest rate above five percent if you go and pre find to put the money aside in a trust you can possibly get an eight percent return on your investment plus the interest earned on it so there is the pre-funding option is being shared by note every meeting I go to it's the one that we're being recommended to go and being guided along that way and that's for several reasons and it one it's going to be harder on our cash that's going to be a bigger check we have to write in any given year in the short term but eventually we keep writing those checks will start earning interest on it will have investment earnings on it so that hopefully in the long term we're not writing such big checks it's also much softer on our light on our fund balance so we if we do not pay for that liability our net assets will go negative because that o peb liability will show up as a negative net asset creditors do not like negative net assets the pay-as-you-go option will get us down that route pay-as-you-go without a doubt is easier on our cash in the short term it's easier to write a check for the six hundred thousand dollars than it is for the same ilion plus dollars that we might see a bill for when we have when we implement Gatsby 45 but we are going to suffer in terms of what this might mean for our our credit and of course if we don't have a good credit rating our cost of borrowing dollars will very quickly go up the non funding option want to touch on a little bit gatsby 45 this will be the first year where folks have to become compliant with it one of the options for not funding is our non funding not not funding non funding is to issue debt called a peb bombs bonds that might have been afraid I don't I think that was subconscious Oh pipe bonds and I it's it's an int what I've read so far on it is interesting I I don't know where I will land on recommending it without some additional research but um it's interesting and it looks like some of the large school districts like LA are considering possibly going down this line the one piece I do have to point out about that these different options is with pay-as-you-go just philosophically if you think about it it's it means that you're going to be using future year dollars to pay for promises we made last year and the year before obviously that their goal is always to tie current year dollars with current your expenses you want that time alignment and I'm not sure Oh peb bonds will actually get us there either that's probably more of a personal opinion than a CFO opinion I just have a comment that the au pair bonds basically we we can issue them and we basically issue them at a municipal tax free rate and we're basically arbitrage the investment return we expect which should be theoretically above the tax free rate and hopefully the excess return will more than compensate for the risk that we're taking but that's a timing issue and it you know it can work for counties and states that generate tax revenue and have tax taxing ability I'm not sure that we since we are subject to state and federal payments that are not under our control that that is similar nature and so I'm just wondering as a school district are we in the position to be taking those types of risks good I sort of mentioned earlier i'm i'm not so inclined to based on the research i've done you mentioned the sort of that you sort of hope for those arbitrage earnings and as a school district as a public entity we're not allowed to earn them any amount over what any amount any arbitrage earnings we have to write a check right back to the federal government to pay for it so we can't even take advantage of that oh great thank you yes it's it's an interesting idea I'm waiting to see if la actually takes a look at it but I don't see immediate benefits for it and I think the timing is quite inappropriate alright so next steps for us are going to be to have that presentation by our actuary well you're going to get to see those three numbers that i discussed earlier those are going to be three very important numbers for us depending on the size of those numbers and i'll do my research and bring back to the board options and recommendations for how we go about matching that liability to the assets to make sure that we stay fiscally solvent and on good financial ground ok any questions David question that may be timely do charter schools have to be Gatsby 45 complain yes charter schools are public schools and as such there'd be required to meet that guideline and so in a oversight capacity it's fair to ask charter schools what their Gatsby 45 plans are they on the same timeline as us given it yes they are apart any of our charter schools are part of the district and so their work falls in within the same time frame as ours so by the end of this fiscal year we need to know what charter schools Gatsby 45 plans are is that is that fair I think that's fair okay thank you and and so you'll communicate that to them if you haven't already I will thank you any other questions okay thank you very much [ __ ] you we'll move to the next item G for budget development calendar for 2008 2009 not that not the budget oh good evening all right the budget development calendar is a tool it's not a requirement it's a tool we use and develop every year to outline a timeframe for ourselves so that we know what actions need to be taken who's going to be responsible and what the time frame is to ensure that we have a budget ready for adoption by june thirtieth which is a requirement and i want to point out that today the governor did a what is called the State of the State address and two days from now in January tens he's going to present his proposed budget for the state so his proposed that governor's proposed budget for the state is our source of revenue this state has announced 14 billion dollar structural budget deficit that means they're spending 14 billion dollars more than they're making in revenue so they're in the process of thinking about how they're going to actually reduce let's sex I don't think they're making plans to eliminate but plans to reduce that deficit on Thursday we will hear how the governor plans to go about doing that at this point there is much serious conversation about possible reductions in the current year and reductions in the following year of course at this point it's all conversation and speculation I think it's important for the board and the public to know that the state has recognized a 14 billion dollar budget deficit and let's say in terms of in hopes of being responsible are making plans on how they're going to address that shortfall so our calendar currently has all of those major points in time and the major tasks we need to come we need to complete in order to have an adopted budget depending on what comes forth on January 10th we may need to add to this timeline in case there are additional meetings we need to have depending on what exactly the state releases on Thursday just add actually for you guys because this is new for you the state the governor gives this proposed budget on January 10th come May the governor will provide his revision to that so there's a lot of room for change but we always have to develop our budget based on the best information available at any point in time okay any questions Mike for the public the the comments you made about the current year reductions would mean the money that we were promised to be received for this year in other words are 5777 dollars per student funding could potentially be cut this year even though all of our expenses are basically locked and loaded and we have until typically under normal budget reduction cycles februari 28th when we have to adopt recommendations so if for example on the 10th a Thursday there's a recommendation to reduce the current level funding for this year which would necessitate a budget cuts will be able to react fast enough in this fiscal year to enact those budget cuts and fortunately not by the time the governor gets around to announcing his plans on January 10th we have spent half of our fiscal year we make plans based on what the state indicates they're going to fund us we spend according to those plans there is no way for me to go back and take a portion of everybody's paycheck what's done is done we've made promises we've made commitments we have obligations and we would go forth usually the mid-year spending reductions are the most difficult to implement because they're in the middle of the year you've already made your plans for the year you've spent at least half of it so going in and changing course of action that quickly is very difficult to do we have requirements about when we can reduce staffing we have requirements about win column requirements but we have very clear guidelines about what we can do in terms of our programs and how we can make changes to our programs we have a lot of compliance requirements that we cannot adjust so changing in the middle of the year is a very difficult task and what most school districts actually what most public agencies end up doing if there is Mindy a mid-year reduction is take the blow and then implement freezes which means if you have a position becomes a vacant and you can leave it vacant for the balance of the year then you try to do that that's pretty hard on staff that's pretty hard on the folks we serve I mean can you imagine having a classroom a teacher resigns you have to fill it there's nothing else you can do you have to fill that position so we don't have that sort of flexibility to cut back in it in a quick fashion yeah we're not we're not private sector that can make adjustments easily here and there to their budgets to accommodate a mid-year spending reduction so it would be very very tough and freezes that we could implement are usually on the non-personnel sides and non-people side and again most of our expenses are are locked in place we have to pay for utilities we have to pay for insurance we have to pay for our audit we have to pay for our financial where there's no one doing that mid-year spending reductions are very very tough on public agencies including school districts and so that would then require us to cut more from next year that's correct and that would require some very quick decisions to be made before the middle of March yes can't make them any other questions thank you for that blunt very welcome when you do approve that yes we do you need a motion to approve the budget development calendar move approval of the budget development calendar as submitted I'll second the motion okay we have first motion and second all those in favor aye next time we'll move the soon board member reports so that they can get home at a timely hour Allison would you like to lead off I good evening before winter break basically all leadership has been doing is focusing on fundraising for our charities and our annual fundraiser during the winter season is called we share which is where leadership students go around to each classroom in the school and solicit for or donations to help less fortunate families and this year we got forty four hundred dollars which is a little less and last year but pretty good nonetheless we also had our winner assembly two weeks before winter break and it went well we also got a lot of donations for Toys for Tots bin as well and Red Cross was sponsoring that and several students went to volunteer to hand out toys for tots at Christ Church but in other news speakers and representatives from Yale University and Fashion Institute of Design and Merchandising will be visiting the alameda hi and speaking to prospective students on january 10th mock s80 sponsored by the avid class will be held februari second for juniors who or underclassmen who are planning on getting more practice for SATs a college financial aid workshop will be also held January 10th in the pit after school and we're expecting a lot of seniors for that our semi formal our annual semi-formal dance winter balls as sponsored by the sophomore class will be this friday at the o-club and our annual musical fiddler on the roof which this year's fiddler on the roof auditions will be held on wednesday and we're getting that under your way also happening this Wednesday is the peace of mind club will be sponsoring all they've asked an Iraq war veteran to come and speak on behalf of his experience and and his ideas basically and we're going to have that during lunch on Wednesday as now leadership is just brainstorming up brainstorming ideas for the new semester seniors are currently filling out fafsa and everybody is preparing for finals in the new tip neither the next two weeks thank you good evening everybody um I start off with the Angels in America which is our next play directed by English teacher Gingka hain it'll be coming to NC else cafeteria showtimes are January 25 26 and februari first and second at 7pm also 8th grade information night is on January eighth we will be talking to the eighth grade students from chipman wood and lincoln middle schools and showing them what a wonderful school and snow is we will also be inviting the eighth graders for tours of n Sinell would start to tuesday following the information night and also as you heard earlier décadas still fighting for to have their students store reopen this program gives the marketing students the hands-on experience that teaches outside of the textbook this store also provides a source of fundraising that most extracurricular programs don't have as a result of the Wellness Policy deco will continue to fight for the real opening of the store also I would like to end by congratulating the in snow basketball team who had a huge win when their tournament in Hawaii over the Christmas break so congratulations to them and that's all I have thank you very much you're welcome to stay and do you like you have the next next item might be a little while mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that of a lot of interest both the technology report and the charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to a next meeting and begin with the a CLC report and and give it its due time and interest in I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion and second all those in favor please say 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Length

Histogram of lengths of the category

Value	Count	Frequency (%)
the	15793	4.5%
to	11439	3.2%
and	9984	2.8%
that	8570	2.4%
i	6623	1.9%
of	6583	1.9%
a	6532	1.9%
you	5359	1.5%
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is	4491	1.3%
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Most occurring characters

Value	Count	Frequency (%)
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e	165797	8.3%
t	146651	7.4%
o	121256	6.1%
a	113155	5.7%
n	100192	5.0%
i	95556	4.8%
s	81417	4.1%
r	76170	3.8%
h	74013	3.7%
Other values (77)	626322	31.4%

Most occurring categories

Value	Count	Frequency (%)
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Space Separator	393860	19.7%
Decimal Number	82327	4.1%
Uppercase Letter	54483	2.7%
Other Punctuation	34977	1.8%
Open Punctuation	14626	0.7%
Close Punctuation	14626	0.7%
Math Symbol	733	< 0.1%
Dash Punctuation	658	< 0.1%
Connector Punctuation	54	< 0.1%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
e	165797	11.9%
t	146651	10.5%
o	121256	8.7%
a	113155	8.1%
n	100192	7.2%
i	95556	6.8%
s	81417	5.8%
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{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	1
{00:00:00} and that's all I have thank you very much you're welcome to stay and do you like the next next item might be a little one mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that have a lot of interest both the technology report and the M charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to an ex meeting and begin with the a CLC report and and give it its due time and interest then I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion is sex all those in favor please say aye aye aye if that's up I goes against one against four left be noted for eyes one name right so we will move what would have been g7 formerly g5 to a future meeting the next item is jeez what was formerly g6 decision regarding the Charter proposal received from the Community Learning Center schools um this item tonight as you know we had a public hearing regarding the new charter proposal I would also like to note that there was a request directed to myself and the board for a postponement of this item and I have responded that we are not interested in postponing it but going forward with the item tonight so on november nine 2007 the district received the charter proposal from Community Learning Center schools incorporated the proposal describes a k-12 educational program to be known as in CLC which is an outgrowth of the highly successful a CLC program the new charter school would initiate a k5 program while expanding capacity for grades 6-12 enrollment in the ACL model to analyze the proposal I formed an evaluation committee made up administrative staff members as well as outside consultant Chuck cadman our charge was their charge was to evaluate the ncl Charter proposal in the light of current law board policy and the model charter school application adopted by the State Board of Education as is the case in all charter evaluation the final rubric was to be the criteria for denials as recited in the charter school act with all due respect to the ACL see staff that authored the Charter proposal it quickly became apparent to that committee that the ncl Charter proposal was seriously deficient a summary of our initial findings in the format of a criteria for denial is attached to this report and I asked Chuck cadman who facilitated our process to come forward and present those findings I am recommending that the board adopt the findings contained in this report and deny the Charter proposal from the learning center mr. cabman thank you super netted a lien board members I'm going to apologize in advance my voice is going to be a little raspy our granddaughters are very good about sharing whatever germs they're harboring at any given time and that's what I'm dealing with now before going over the initial findings of the committee that the superintendent form i want to say word about why i think it it quickly became evident that the Charter proposal had a number of shortcomings it's a very human kind of an error if you think about the fact that a CLC very successful program it would be natural to build a new charter proposal kind of on the shoulders of the old charter proposal but but while that is a very human way to go about it it doesn't work it doesn't work for three reasons first of all every charter proposal has to stand entirely on its own it is a contract between the charter school applicants and the school district you cannot incorporate by reference practices that are written in another charter or in another MOU and say we're going to do it the same way because there is no way for accountability to obtain to something written in another document I mean obviously if if the other school if a CLC in this case begins to do something different then what does that mean for the new charter that's reason number one you can't piggyback one charter on another reason number two is a CLC is a very dependent charter school in one can sustain the argument that the successes of a CLC are in large measure the successes of the school district why a CLC came into existence as a district school it was very heavily subsidized up until two or three years ago by the school district and even now there are accommodations provided by the school district for a CLC that are that I don't know that I have not experienced in any other relationship between a charter school and a authorizing entity by contrast ncl c is slated to be an independent charter school to be their own public school employer so that further makes the point you can't piggyback a new charter on an old charter especially when they're going to be such different animals and finally from the time a CLC was approved until now there been a number of changes in law and regulation we have the model charter school application adopted by the State Board of Education none of which a CLC had to deal with and as time has gone on has never really been fully reflected in their charter but just simply we put it in an MOU and that's very that's very common that meant that in retrospect in putting together the incense ELC charter it would have been wiser to start from scratch making little or no reference to the pre-existing program so that it was a self-contained self-actualizing and a document that led itself to accountability now I say that by way of a little explanation to myself because these are very very bright very capable people and so how did it turn out that the Charter proposal resulted in 13 findings 13 initial findings from your committee any one of which would theoretically be enough for the superintendent to record recommend denial and by the bear by the way I'll just go one step farther and say our 13 findings are not represented to be exhaustive when it became clear that the Charter proposal was not viable we didn't go along and try to catalog everything that would need have needed to be changed to make it viable but rather just put together this representative report to you now as our della mention in accordance with the Charter Schools Act any set of findings have to be based upon the criteria for denial set out in the Charter Schools Act of which there are five and in our initial findings to you first we mentioned criteria for denial number one that the proposal describes an unsound educational program well our committee said no that we can't say that it is basically a sound educational program however our committee did say please note down below under criteria for denial number five you'll find some comments that do have to do with of the instructional program criteria for denial number two is that the applicants are demonstrably unlikely to successfully implement the program described and the committee said no that's not true these are very capable people we can't make a generalization like that but again do see down below in criteria number five some points that pertain to how the likelihood of successful in implementing the program criteria for denial number three is that the proposal didn't include enough signatures and in fact it does so that's that's a moot point criteria for denial number four is that other proposal didn't include the necessary affirmations regarding non-discriminatory operations and again it does include the necessary affirmations so all 13 of the findings come down to criteria for denial number five that criteria for denial and the law says that the proposal did not include reasonably comprehensive descriptions of the following and then if you had a copy of the charter schools act in front of you you would see after that colon there's a list of what we call the required elements there's 16 of them in number a through P all 13 of our findings then have to do with the fact that we believe that that in these 13 instances the narrative did not include a reasonably comprehensive description and that's what I'd like to quickly go over now required element a has to do with the educational program and our first the first of our initial findings has to do with the fact that the ncl c program excuse me the NLCS see a proposal this assumes that that they should be able to based upon wording in the a CLC operating agreement assuming that the same agreement would be made queer by n CLC students would be able to take classes on the comprehensive high school campus that's an example of a mistake of trying to build one charter upon another it's highly speculative whether in fact that's going to be that would be true if for no other reason and the geographical issues whereas a CLC is in fact on the anson on campus the second bar findings has to do with the facility issue now the Charter Schools Act assumes that a charter proposal will talk about the suitability of the prospective facility in this case of the NLCS see charter proposal does not it simply says they'd like to be on an elementary school campus at least there needed to be some discussion about well how would that work are the classrooms are the fixtures are the P the PE equipment how does that fit for a k-12 program maybe it fits great and maybe it doesn't but it's an example of something that needed to be included to constitute a reasonably comprehensive description the third of our findings has to do with the fact that reference is made to the successful a CLC program but whereas this program and the new charter would include k5 there's virtually no detail about the k5 program which in fact would be required by law the fourth of our findings has to do with staff now there are clearly some stellar educational experts who teach in your elementary district who are part of this to be a part of this program and the Charter proposal assumed at least as initially presented that leaves would be granted to these folks well it became clear at the public hearing that's not to be the case so we're left with the question would will these folks upon whose expertise the program will be so dependent will they be ruling to resign from a tenured position to become an at-will employee in the new charter school maybe they will maybe they won't but without that information it is not a reasonably comprehensive description the next of the initial findings has to do with special ed the model charter schools application requires that a charter school applicant in their narrative describes their understanding of their responsibilities in the arena of special ed even if they take the default position of being a school within the district for purposes of special ed the state board of ed says at least you need to talk about your legal understanding of what your responsibilities are in terms of identification timelines processes etc which in fact was not included in the Charter proposal there is a section in the NC LC charter regarding English language learners which says that they'll receive placement and ongoing assessment through the school district of and sense of in the subsequent communication from the charter school applicants they've acknowledged that was just an editing error that they realized that that in fact would not be the case and the final instance of our initial findings having to do with the instructional program has to do with the discussion about closing the achievement gap among various racial and ethnic groups within the community there was discussion at the public hearing about whether a CLC in fact had been successful in that endeavor and to the extent that the new charter is totally based on the a CLC model there is at least a reasonable question to be asked about how would the new charter go about closing the achievement gap among racial and ethnic minority students moving on to required element D which is the governance structure of the school there are three points here raised in our initial findings the first is the State Board of Education says you should include in your charter some information about how you're going to train board members how you will keep them moving forward as as as an if as an effective governance structure in your charter school which is not included in the Charter also the model charter schools application requires that there be information about systems and processes by which a school will keep track of financial data and compile information that is entirely lacking from of the new charter proposal instead they say we are going to employ ed Jack and we're going to use teksystems now I have all the respect in the world for EdTech I've worked with them with EdTech and a number of charters but it's not sufficient to say that in a charter legally you have a fiscal oversight responsibility you need to know who's going to have charge of cash how r power spending decisions going to be made how's petty cash going to be handled what is the bidding threshold how our records going to be kept none of which was included and finally one other in that same category the model charter schools application requires that the budget include notes which clearly describe assumptions and revenue estimates if you ask me whether the ncl see budget of balances I would have to say to you I don't know and the reason I don't know is because there was no page of assumptions now I don't mean to make an invidious comparison but you're aware that the district has received a new charter proposal I believe you you have scheduled a public hearing for that two weeks from tonight well if you look at that new charter proposal you'll see the financial section starts with a whole page just on assumptions those assumptions tell us how much they're going to pay teachers what the benefits are going to cost how much they're going to spend on supplies and equipment with that which accident which will fills the same function that a legend at a map fulfills a smart person like lose who can understand Gatsby 45 can look at those assumptions and say yeah that budget is viable or know that budget is not viable at this moment we neither one of us could tell you the answer to that question in terms of required element G racial or ethnic balance there was discussion at the public hearing about the demo student demographics at ACL see it raised a question about how student demographics should be viewed for the proposed new charter school and also we noted that in the Charter narrative n CLC would not allow promotion of K five students who don't meet promotion requirements to move on to the secondary school we simply raised a question about what that would mean in terms of racial and ethnic balance and then finally in terms of required element I the financial audit the law requires as a part of your fiscal oversight that any deficiencies in the in the audit be rectified to your satisfaction and in the Charter proposal how you would not even you would not be able to how to exercise that responsibility and again in the subsequent communication from NC LC they have said that was a mistake that they would actually welcome the the financial oversight regarding errors and emissions and the audit so those are the 13 initial findings presented by the charter school evaluation admitted supernet a daily also communicated to me the subsequent letter from the charter school applicant where I know they'll go into it in greater detail but but a quick summary would be to say look we think we covered a number of the areas which the evaluation committee said we didn't to the degree that we didn't cover them here's some supplementary information which perhaps could be included as a as a and another as an addendum they also take issue with some of the discussion regarding racial and ethnic balance issues that came up at the public hearing and then finally the point that our della mentioned about the possibility of a mutual agreement to delay the vote on the Charter proposal during which time the Charter applicants would meet with staff members to work out any issues that were necessary to make the Charter proposal viable I mentioned to the superintendent that wall boards of education can do whatever they want to that would be rarer 0423 reasons the first is the notion is that it is the responsibility of the Charter School applicant to put together a viable charter proposal not of the responsibility of staff to meet with them and to help make that happen because see that sets up a really difficult situation for a Board of Education if in fact your superintendent or your super and Dennis designee is sit down and work out changes in the Charter and then it comes back in 30 days to you it puts you in a very awkward situation regarding the decision to approve or deny and it also puts the Charter School applicant in a difficult position because if in fact you still deny the charter school applicants as wait we did exactly what your employees told us to do so it is not something that school districts up normally do rather what normally happens is if a charter school proposal is denied there is an automatic appeal right to the County Board of Education which may come to a completely different conclusion about a charter proposal and if it's not if it's not approved on appeal at the county level it there is an automatic right to go to the State Board of Education so that's normally what happens rather than of the 30-day extension and so forth so that concludes what I was going to say are there any questions or comments before or I take my seat as a part of process will take clarifying questions then we will take community input and then we'll have questions among board members so at this time clarifying questions David Chuck could you confirm as I recall from the workshop that you conducted a couple of months ago the Charter petition that were this board to deny the Charter petition that would could be appealed to the county to what extent is the original document the document that has to go before the county as opposed to incorporating some deficiencies or remedies to deficient yeah thank you for mentioning ash I should have woven that in the the county will require that the Charter proposal that they take under appeal be the exact document except where a change has to be made to reflect the possibility of a new authorizer for example special ed will clearly the the the Charter which would be appealed to the county couldn't say alameda unified will do the special ed because that would no longer be a possibility but except for those those one two or three instances where there has to be a change there can't be any changes and the same by the way is true when it goes to the state though I have seen the State Board of Education since they're the the top of the food chain sometimes they'll mix up some of their own rules about negotiating some changes but theoretically it's supposed to be the same document that was denied at a lower level in terms of what is if we if it is denied is there a form that we fill out or do we is it just similar to what what you have here that's sent on uh-huh yeah good good question Janet the Charter Schools Act says charter school act is written in the positive it says you will approve a charter unless you make one or more findings and those findings will be in writing based upon these the criteria for denial that we just went over now in some districts I think they do something that's kind of unfair they make the Charter applicant if they turn down a proposal they make them wait for a couple of weeks for for the document that lets them go appeal at the county level so what we do in those occasions that a charter proposal is going to be turned down we put the initial findings in writing and if it is your decision tonight to deny the Charter then the report that you have in front of you would in fact constitute the findings and and if that is your decision a motion could just be to deny the charter based upon the findings contained in the memo of such-and-such a date or and look that's actually the recommendation that I've made it be adopted that by if you if you so choose and in fairness I want to say this to Janet let's say that of these 13 findings maybe two of them you don't agree with so a person could certainly say a based upon light the initial findings and such and such a memo except item number two under required element a or something like that which would allow Kathleen the next day to produce a document where the findings that are not included in your motion would be excised to David's question I've just to clarify with regard to you mentioned that there may be that the application goes forward the proposal goes forward just as it came to this board it would go forward to the county or go to the state board with it with the exception of a change in the MOU I guess with that like he makes it special education and it seemed to me that maybe you were talking that that that were you saying that this board if it went to the county that our board would not be the authorizing agent that's correct yeah and so let's go back the MOU now really doesn't have any no mo you has anything to do at this point right now all we have is a charter proposal which they have brought to you saying we would like for you to be the authorizing agency if in fact a local board turns it down they say no we will not be the authorizing agency then they would take that exact same document except where it had to be changed to reflect the new potential authorizer and they would take that along with the findings upon which the denial was based and that would be what would come before the county board would that change the relationship if the county board approved it would that change relationship between this board and the charter that was approved well sure I mean there would be no legal relationship if the County Board approves the Charter there is no legal relationship between the school district and the Charter that's unapproved on appeal though do recall a different arena is prop 39 facilities prop 39 facility rights do not devolve around the issue of who granted the charter they devolved based on where the kids live so that's the one thing that is unchanged and so my other question is that when could the the Charter reapply either within it that for the same program with a different application or how many reapply these do they have reapplied if this is denied could they come back next month and say we have another charter proposed back to you yes and backed God the law is silent on that issue hypothetically they could come back tomorrow morning with in it with a new proposal after at the district level Mike any okay at this time clearly this is a popular topic we're going to be here if everyone speaks their full three minutes we'll be here till past eleven o'clock so as a courtesy to all speakers try to keep your messages as timely as possible and we'd all appreciate it yes it's public ama it's just public offices anything public comment so again I'll just point out again yellow red lights green is start of the three minute time yellow is you have 30 seconds remain the red will be the three minute time limit so the first speaker will be just Stevens thank you ladies and gentlemen the board you are discussing a charter proposal tonight because some parents teachers and administrators believe that we're not doing enough for their students they see as I do a problem with educational system in California and to some extent the United States unfortunately we do not agree on what the problem is nor how to fix it their solution is to secede from public education and start their own school free from a lot of the bureaucratic and fiscal problems that face non chartered public schools so I want to ask you about another school district little bit south of here 10,000 students ninety-four percent minority eighty-two percent free and reduced lunch thirty percent transient population who is going to champion their charter schools who's going to be in a rush to give them the edge that those students want by their parents who's going to tell those students that they do not deserve the best education we can provide because their skin is too dark because their parents do not drive bmws and Volvo's the teachers in that district walk into their classroom every day making half of what alameda teachers make and yet those teachers don't complain about not having enough resources to meet the Williams requirements nor do they blame the schools nor the students were being born into poverty the ultimate blame ladies and gentlemen the audience and viewers at home lies with us we the moral and social conscience of California have allowed this state's educational system to sink into a segregated morass of bureaucracy and fiscal gerrymandering we have squandered the future of our students in our next generation by doing nothing to correct the educational problems the collective we have created California is the sixth largest economy in the world and yet we have gone from being number one in education to being number 34 at that time the United States has gone from being number one to being number 24 of the world's dirtiest economies we are in the bottom half of the bottom half under the best of circumstances I do not personally support charter schools they do nothing to fix the underlying problems of equity and only serve to exaggerate the problems of funding and accountability if all of us really want quality education then let's fix the system for everyone not just the few i urge you tomorrow as everyone sends emails and text messages to each other regarding this meeting to send copies those text messages to your legislators to congressmen to your Senators to everybody you can find with an email address let us take a page from paddy Chayefsky and Peter Finch let's tell Sacramento that we're mad as hell and we're not going to take it Thank You Barbara Khan I for the record I was involved in a discussion maybe 30 years ago about one high school with two campuses I'm dismayed by this attempt of a small group of teachers to create an unclaimed of inequality in our community this may not be the motivation of the teachers involved but nonetheless it will be the outcome of their effort purporting to be a school that works to create good sis and Paul Benton's the person in charge of creating good citizens has stated that it is not his concern what happens to the rest of the children in alameda this is hardly good citizenship it's hardly worthy of alameda it gives a lie to the application in the state of Louisiana they were almost no public schools with few exceptions all schools are private or charter only the porous media still dhryn attend public schools from this thinly veiled privatization organization of public education I'm part of a group of women called the brown bags women who have been passionate about public education and about Alameda schools for over 40 years we thought successfully to have the school board move from an appointed one to an elected one we were instrumental in having libraries in all schools we volunteered in classrooms libraries and on district committees two of us were elected to the school board some of us are no longer alive but most of us are pushing 80 we became involved because we had children at school and now we have grandchildren we wanted changes and improvements for all children not just their own some of us explore private schools and could have afforded them but we recognize that of women like us passionate about schools and education withdrew from the public schools there would be no progress and all children would be damaged where is the conscience of the supporters of this proposal and with district has survived school board recalls boards are cared less about children and their education the Nevada Paula agenda but this is probably the most destructive assault on our children that we have faced it's the responsibility of this board to see that all children and Alameda are properly served to allow a group to experiment with some of our children is an abrogation of that responsibility this should be denied as an experiment that is irresponsible self-serving and without merit thank you thank you Andy cured hello so I'm not against charters in principle but i'm not in favor of this charter you know with the level of detail that's in the current proposal i'm not at all confident that it's going to meet the educational goals that have been laid out for grades K through 5 also not confident it's going to give the improved results you know for historically underperforming groups that the Charter application claims is going to target I think the thing that stands out the most is a lot of the applications predicated on the current program and the current performance of a CLC which let's face it achieves fantastic API scores but you know the realist in me says you know that's as much to do with a high caliber of students go to at ACL see as much as it is to do with the program that ACL sentiments I think a CLC services are niche in alameda and i think the current child replication is aligned along the same lines so anyway i'm not as eloquent as the gentleman who just spoke to the district i think the district's recommendation gives you plenty sufficient grounds to denied application within the criteria of the law but obviously i can direct my comments a little outside of that i owed you aside from denying application I want to echo what we heard for the first time tonight from the secondary task force and that is as a board and as a district look for every opportunity to implement magnet programs and charters that are going to offers that the diversity of choice for all alameda students without the negative impacts that the currently proposed charter would give you no choice is a great thing especially in public education but no one it impacts a huge number of students simply to deliver benefits to a very select few thank you Ian merrifield good evening my name is Ian merrifield and I am Encinal high school's student body president I'm here tonight for two reasons first of all I feel it's my responsibility to speak out against a charter that will adversely affect not only and snell students but students throughout the district while I admire and commend the desire to provide needs of alternate alternative education it should not come at the expense of the rest of the district students well I understand that you cannot legally deny this charter because of economic feasibility I'm hoping that these arguments will per se will persuade you to find other means of denying it secondly I am here because bill saunemin and Snell's beloved former principal asked that a student read a letter that he wrote regarding the proposed charter he couldn't be here tonight because he's in San Diego visiting his daughter and his new baby grandson board members as the former principal events until high school for six years I experienced firsthand the relationship between EHS and a CLC it was strained at best I always welcomed the ACL see students as they took classes mostly AP and world languages played on athletic teams and participated in a myriad of EHS school activities however the a CLC adult leadership fully took advantage of all EHS offered picking and choosing to meet their needs they used a threat of proposition 39 and litigation to get what they wanted I struggled with a CLC never stating publicly my displeasure with the charter school the alameda community does not need a new charter that fully embraces the tenets of proposition 39 that states that a charter is exempt from most state laws and regulations a new charter would negatively impact the a USD neighborhood school policy our district is losing enrollment we do not need to lose more we should be working to market and showcase our existing schools to the public under a model of continual improvement and innovation not supporting a new charter therefore as the parent of three public school graduates and Alameda resident and a former a USD administrator I heartily oppose the approval of the proposed k12 charter and I encourage your no vote bill song members of the board I encourage you as you make your vote tonight to very seriously consider the effects that this charter will have on the rest on the rest of our district students the board's mission to put students first implies a utilitarian objective ensuring the greatest good for the greatest number of alameda students regardless of how fantastic this proposed charter could be and I believe it's been established that this is at best a gamble the negative impacts that this charter would have on the greater alameda student population greatly outweigh the benefits for the much smaller number of students at ncl see tonight you will hear many a CLC students and staff members singing the praises of this proposed charter however there will be another group of encinal students speaking tonight hopefully helping you to put a face with the students will be adversely affected by the starter I urge you to vote no next speaker slip says encinal students I'm not sure whether we're allowing 9 minutes 43 people or three minutes okay okay three minutes thank you good evening my name is Becky Sotelo and I am the proud student body vice president of Encinal high school you may or may not remember me but I stood in this very spot last year speaking out against the proposed budget cuts well I'm back and although the situation is now different internal high school and the other schools in the district fear a repeat of what happened last year this new charter school will only create more problems for a USD this school will take students from a USD schools and therefore enrollment will drop this drop will cause a decrease in money all throughout the district thus cuts have to be made we know there is a huge budget crisis in California and this new charter school will only make matters worse while the idea of this charter school is fantastic in theory it is essential to keep in mind who will be hurt in order to make this a reality we will be hurt at Encinal high school the same programs will be put on the chopping block as last year and a new charter school will not be worth these losses for example last year on the chopping block was both Alameda high and Anton Ojai's college and career center the college and career center is an extremely valuable student resource providing intimate personal counseling for life beyond high school for students who otherwise would have no means of receiving that help this charter would make it even harder for the district to financially support such an amazingly important resource by creating the new charter school in CLC funding will essentially be cut from the two high schools ap programs if approved the quality of the AP courses and the opportunity to challenge oneself in addition to the preparation for college will suffer as we student-athlete I take part in many sports in school then are funded by the district youth that may not be best in math or history can learn teamwork discipline and make friends otherwise that they went out of mate if the new a CLC Charter is approved cups like the one proposed last year the high school sports teams would be greatly affected with the cuts made to programs and terminations of teams all together these are the voices of students that would be directly affected by this new charter school and there are thousands that are not here tonight but would be affected in exactly the same way so is it really worth it helping 300 kids in hurting thousands not to mention that we don't even have Eddie every any evidence that this school will actually succeed as planned it is not worth it it is not worth the money they will take from the district it is not worth the teachers that will be lost it is not worth of programs that will be cut it is not worth the suffering of our schools vote no thank you Barbara Mooney Barbara Mooney I am once again here asking you to deny the Charter for the ncl see and for the extension with all of the information that has become clear through this process there's no denying there's they are a selective private school we do not have a voucher system in the state and you cannot fund a private institution more importantly they are not an educational model to be copied a very wise person put on internet they have not built a better educational mousetrap they have nothing in their application lanes groundwork for any more of the same with the exception of the fact that they couldn't constantly take credit for what encinal teachers actually do maybe they should open up a school focusing on magic for all they seem to understand is smoke and mirrors Ashley Jones good evening fifty years ago I started teaching here in alameda and I believe in public education and this is not public education these people are the same people that tried to get vouchers through and didn't make it and now they're just taking another Avenue I think it's exciting the ideas of trying these new programs and you're going to need all your facilities to house these news programs I hope they come into being because the public as it now exists the junior high school is a total failure and needs to be completely revamped because my grandson does not feel safe in one of the in any well the one he went to and I'm now homeschooling him and my granddaughter next year is going to sixth grade and if she doesn't do what if she doesn't feel safe then I'm in a homeschool her because I have the capability of doing that but I don't want to I want them to be in public schools here in alameda and I'd like to see these new programs so that we can get our kids back in where they belong and I I'm glad that they didn't do a good application and I hope that they never come back novia con silvia con my name is Sylvia Khan and I've been an educator in the Alameda unified school district since 1990 i'm also the product of West End Alameda schools having attended Payton chipman and graduated from Encinal high school during my career with the district I have designed to programs most recently Bravo I was also instrumental in the dissolution of the small learning communities at Chipman including Bravo why because we were not closing the achievement gap although our Caucasian students from educated homes were thriving other students were not I signed on to teach all children and in good conscience could not participate and something called public education at the expense of anyone's child as the title one coordinator for both wood and chipman and the district sim reform coordinator I am proud of the work being done by my colleagues as a parent of a student at a West End school my child is receiving an excellent education as he will when I proudly enroll him at Chipman middle school in two years I'm here to say that as a chipman alum neighborhood resident and staff member I'm offended that a CLC has the audacity to claim that in any way they currently serve a representative body of chipman students and that they are now eager after 15 years to serve more it takes nerve to make the bold and baseless claims that the proponents of a CLC and the new charter have made nerve and the inability to admit one is racist and classist please as a parent educator and resident of the West End we do not need a school where 15-year red track record as of serving those who are already advantaged vote no to deny this charter and a 30-day extension to go back to the drawing board Thank You Vicki Smith Vicki Smith good evening I'm Vicki Smith I'm lifetime West End residents and I've been a community activist for over 35 years I'm work at Longfellow I serve families in transition and last year I served and gave services to 271 families and this is the first time in two years that I've had a home a place I've been bouncing and bouncing from sites to sites the numbers I serve is bigger than Alameda Community Learning Center we have a store where families shop for free and they love it a lot of district employees come and they bring clothes etc and the store is working wonderful it's a caring community after school programs has their office there at Longfellow they have a staff of 52 they run after school programs 47 schools and they have 1200 students that they serve five days a week until six o'clock in the evening Alameda family literacy has over 100 families men and women who work and walk there every day learn English get their GEDs go to parenting classes to learn life skills there are two childcare rooms I'm kind of nervous people that live in the community they walk there I walk there with them they come rain or shine pushing strollers Head Start is a preschool and it has been serving the community to in the families Alameda multicultural community center is there and it does three vital art programs at three school sites the superintendent has made several meetings to include teachers community members and parents and get their input I have not seen a CLC come for a site visit to meet people see what programs are up and running well or even asked for our input all these services are essential and vital to alameda students and the community if a CAC wants another charter school at the elementary school how would it work if people are already there doing programs for students family and the community I just want to say i worked with renewed hope on the massive Ixion's of harbor island um and that was very hard because people were pushed out and now it's upscale and they have not taken section 8 vouchers who's going to be pushed out for this charter school people that are already existing there and have lived in the community for years I watched people leave their homes that had been there for 30 years so we really need to think about who this also affects these families live in the community they are part of the community they come there for a reason and who's gonna who's going to be pushed out if they want to be at an elementary school and how can you use space that's already being used people exist there we live there that's our community thank you papi good good evening thank you for having us my name is ma fille gay and I will be the lead facilitator of the near Community Learning Center as a sin as the leader of Nia we have a unique opportunity to attract a diverse student opera population I am and will continue to work as hard as I can to attract and ethnically and economically diverse population I have 20 years experience working within directing programs for the disadvantaged I bring this expertise to Nia I have 23 years experience creating exciting award-winning and innovative education experiences I bring this expertise to Nia I have six years instructing teacher credential candidates and learner centered facilitator methodologies I bring this expertise to Nia and finally I have a lifetime of experiences as an african-american learner I bring this experience to Nia in the spirit of awesome educational opportunities for all learners I pledge my unwavering support of the NIA Community Learning Center thank you Adrian Lewis are you going wow there's been a lot of people up here talking about all the disadvantages of Nia and I wanted to talk about the hope omnia I want to talk about the choices every student should have a right and every parent should have a right to decide where his student goes we get paid we pay taxes and we should have the right to decide where our tax money goes and if the stoop if the arm if the education system is not working and when you take our money and put it somewhere where it does work and that's all i have to say like your Harris hello everyone I to I've heard a lot of negative things about Alameda Community Learning Center and I don't see any of those things I see the kids there bright and excited and they love being there my kid has been there he went through a lottery system we get in he didn't get placed in or the N hit any special treatment he went through a lot of a fair system to get in his excitement for school his love for school has just increased and you know his sister his younger sister she can't wait to go to a school like this and I don't understand how a failing system and in the public school system and I'm not just talking about the East End schools of alameda I'm talking about a lot of the schools that don't receive the same type of funding as the East End schools a lot of the alums and a lot of the charitable contributions I went last year I went to Lincoln and I SAT there as they were doing their presentation and orientation and just the money they were raising above some of the West End schools and we talked about what's fair not fair if you're not in that district or in that location you can't go to that school but here we have a CLC with a lot of highly educated facilitators and teachers will actually pouring themselves in the school and love it I've seen public schools where teachers can't wait to go home there's nothing giving back to those 35 kids they got in a class it's just they're tired you and that's not the case for all the teachers but here I see you know 12 students per class and the teachers actually giving their hearts I see teachers receiving awards for some of the best educators in the state of California and we're talking about this is or at least the comments I've heard here tonight as a bad situation I think that's crazy I think you guys need to really sit down and relook at what Nia could provide and I like some of the things that age of just said about the hope and I think that's what it's all about I think anytime you dealing with education you're dealing with hope and because that hope is the future of the young kids is coming up today I appreciate the the zeal of some of the kids over at this insignia and I understand how they feel but that money that's sitting there doesn't necessarily belong to Jess the the current system it belongs to folks who want to make that choice of placing their children in an alternative system and I think that needs to be looked at thank you guys for your time thank you Judy blank Judy blank good evening president and board members I am I'm taken aback by the energy that we saw at the beginning of the open statements the Alameda Community Learning Center was established originally with with the vision of the school district the reason that when charter is because the district wasn't going to have the money to be able to support the technological aspect of it and the only hope of it continuing as an alternative a learning situation is for it to go charter unfortunately we've lost a lot of our different the wood academy and raava and various other programs which served the needs of students young white and I go to a CLC and I go to a CLC because my child is having difficulty in the the traditional public school setting he's a much happier kid now because he has some freedoms that he didn't have before and that he is always needed in preschool he was having trouble because he needed that freedom I the people who are involved in the community learning center and who will be involved in are nothing but the best and I think they'll provide I think when a CLC started no one knew what was going to be like no one knew where it was going to go and and it developed into a program that has created with a niche for Pete for kids who need it I appeal to you to please approve this charter it is a need in our community thank you thank you Martin Martin carosi excuse me if I ruin your names as I speak them out Martin korasi thank you for inviting me um I look at all of you as representatives of our public school system but not necessarily the administration led by our superintendent you are serving all of the community in Alameda and this is critical I want you to be representing my view I want you to be considering the needs of moving the educational system in any way shape or form however it has to happen because it has to change and change is always hard but it takes vision it takes leadership it takes being strong to provide that vision that needs to go forward you are being asked to accept a charter proposal from them from a true and tried system that the issues that have been brought in front of you tonight our petty at the very most they are small they are issues that can easily be fixed by correction by the smallest efforts to deny a charter on those on those grounds is heresy it's absolutely would be a bad reflection on your vision and your leadership and I strongly recommend that you reconsider any kind of denial for this charter I've heard a lot tonight people have used this as an opportunity to come up and talk to you about their pet issues such as vouchers for schools we're not talking about that that's not our talk of it that's not our discussion tonight but they're using it for that opportunity they're talking to you how much they don't approve of private school education and disproportionate allocations to different groups this is a public school and I see it only working in alameda well if you as a board in alameda says yes to it any other authority granting this charter will not have the same effect on our children as it will if you as a community member says yes we want this I don't think that it makes sense for alameda county to be granting your and my kids this charter you must do this this is your time and your ability and your moment to say i am looking at you administration of a USD to work with these people to blend them into the schools so that they can get advantages that occur also in the other schools in this community whether that's a college whether that's a letak program we want to be able to walk through those barriers don't create them by denying this charter today thank you thank you Greg Holland reg Conlon thank you for uh thank you very much I I think I've know all of you at one time or another but just to reduce myself I'm Greg Cano and I was a partner with Arthur Andersen started division process back in the early 90s for alameda unified school district and we worked with the district for several years and trying to incorporate that into the school district and we help them start the learning center by investing a million and a half dollars and spending a lot of time and effort in starting this new concept Arthur Andersen has spent three years researching the the information that we tried to get implemented in this school and here 15 years later it's been very successful my understanding is it's on the top five or one percent of the state so you've got a very successful model here that they're trying to incorporate in other students in the district and not only in this island but it my objective is to get corporate America in the Bay Area to replicate this vision in other communities in the Bay Area and I will continue to work to do that whether you approve this or whether you don't but I would encourage you to prove it improve approve it because you're really it's talking about change people are resistant to change you have to sacrifice for the better good i mean i was in washington DC this morning i was at mount vernon on saturday and you know i was at the Arlington Cemetery sunday and saw 300,000 people that are buried there who sacrifice for the better good so it's going to be a burden on you to approve this you are going to be criticizing some of the students and encinal and alameda are going to probably lose something but you are you sacrificing for the better good I mean think about what you're what you're doing if you turn this down I mean your own people agreed that that it was going to be a successful model and there was a sound education program and it was going to meet to discriminate discrimination objectives of not discriminating so the three basic things that any school system should have you agree with and I do agree that the things that that they're raising as objections or can be worked out I mean I'm a lawyer you know you have they have due process if you raise criticism if you've got to give them an opportunity to respond I mean you got to let them fix whatever it is that you think's broken and come back if necessary if you think they're serious without just turning it down without me you can't make deficiencies without giving them an opportunity to respond will you do it because otherwise you're going to just go through this process over and over it's going to waste your time and there's sit down as reasonable people make it a win-win situation make sure that you get your input and their input but don't stop something that's successful I mean change is always hard for all of us to accept and we each have to suffer a little bit to take the changes and that are better than for us so I just appreciate being here tonight and I've been following this and working with it for the last 15 years and God willing I'll be here for another 15 years so you're not going to get rid of me but I I do hope that you that you approve this project tonight I that there's anything i can do personally i'm going to be here to help thank you very much great Thank You Cynthia young Cynthia young she left ok Carlton grizzle mm-hmm my name is Carlton grizzle I'm here to speak to the board and to Alameda parents present at the meeting and who might be watching us tonight I'm here to speak about empowering parents the governing structure de CLC is based on a parent learner facilitator alliance that depends heavily upon parents guardians at every level of governance from membership on committees to voting power on our governing board a CLC families are involved in every aspect of school governance including finances curriculum extracurricular activities and more parents have tremendous voice in our school this parent learner facilitator based governance structure has served a CLC successfully for over 12 years and has resulted in the award-winning school we are the new charter school Nia Community Learning Center will have this same type of governance structure based on a significant parental contribution due to our desire and ability to empower parents parents the state of California is trying to empower you to do not mistake despite the claims otherwise our critics number one concern is financial impact on a USD they are speaking as if we are robbing the district of something they own those critics are acting as if a USD is in is entitled to the state provided educational money of every child in Alameda those who don't want the school to be chartered don't want my daughters to go there they don't even know their names to them my daughters are simply 5777 dollars apiece here's the fact that alameda family should know the money does not belong to a USD that money belongs to our children as parents the state of California has recognized our right to have a voice in where that money goes for their public education that's why the charter school laws were passed that's why there is money available to charter school money that increases every year and that's why there are only five legal reasons for a charter petition to be denied and the financial impact on the district is not one of them finally many may not know this but a USD on the Board of Education has set precedent and empowering parents by giving them the choice to send their children to schools where they will be served best last year a the a USC commissioned demographic study in there were nearly 500 students from other districts the majority of which are from Oakland attending Alameda schools a OSD on the board recognized the importance of giving oakland universe of choice regardless of the more than two million dollars per year that Oakland Unified is not receiving despite oaklands financial troubles a USD and the board have recognized the importance of choice of open residents who have chosen not to give their children's educational money to Oakland Unified but if instead brought their money to Alameda they understand that the financial impact of taking 500 students from ousd is irrelevant compared to empowering parents to have choice we are prepared to create another charter where parents will be empowered and we want to create in a district but we have a board of education in favor educational choice for an entirely different city my hope is that the board will be in favor of empowering families to have choice in their own community and by the way that petition you received mr. chef is nearly 300 signatures of parents who believe in power of choice here in Alameda thank you thank you Brian Rodriguez Thank You members of the board and superintendent daily I've been a classroom teacher dense now since the beginning of what was then referred to as the secret school or Arthur Andersen Community Learning Center's now known as a CLC and I've seen it grow and develop I've been recognized on a state national level by various educational institutions universities national magazines as an innovative educator and the college board certified my advanced placement classes in Encinal high school I've collaborated with many of the a CLC facilitators on various projects I respect Paul Ben's who serves as a chief architect of this current application and I consider him to be a dedicated educator I've gained additional insight into a CLC because I teach advanced placement classes at insa now high school and have had the privilege over the last five years having many a CLC students in my classes and can attest the ability and drive of those students as well as the support of their well-to-do parents however I do not believe the a CLC model has much to do with their achievements and I'm against expanding this model originally Arthur Andersen Community Learning Center was a well-funded and innovative program led by experienced and exciting teachers the equipment was first-rate the computers were modern the class sizes were small and the learning seemed to be exciting but that was then today a CLC is a dirty chaotic and crowded environment where many of the students flaunt the rules the army the Unified School District riding skateboards through the hallways walk without passes out of the center whenever they like and make a tremendous amount of noise disturbing the ongoing classes and it's now as a parent I often wondered parents actually see what's going on over there students sprawl on couches tune out the world on headphones play hide and seek in the parking lot with few exceptions the higher level learning as well as the physical and social needs of the students are outsourced by a CLC and what educational advantages are there in this innovative program the ACL see advanced students take AP classes at insa now our school in any of our 12 AP classes or go to Alameda junior college that is exactly the same as students at Alameda high score and snow high school for physical education they go to the old navy base from music they take band acquire a guitar denson al to play sports they play an instant out sports teams for social needs they attend our assemblies and dances the classes taken the center our basic mixed grade levels which leads to mixed results the honors class is giving at the center are not recognized by the UC system and they teach no AP classes as they lack certification by the college board however the clear success of the ACL c program is that they've been able to maintain high standardized test scores by selective admissions and a clear failure to serve alamitos large population and english language learners agents blacks Hispanics or the development and disabled who go to school the rest of the schools now almita the student population does not represent the west end ave alameda or alameda high school the lottery system currently employed by a CLC has not worked to diversify a CLC despite claims of the fact of neutrality as the majority of the students at a CLC are white and privileged i do not think this is the model for for a distinguished school and i urge you to turn down this application thank you jacob powell good evening board members my name is Jacob pal I'm a facilitator at the Alameda Community Learning Center I teach American government economics modern world history US history ancient world history in the sixth grade physical education of the middle school I do the technology and I also teach a technology class I've worked at the middle school level in the high school level for 10 years and I have been at a CLC 44 on top of the classes that I teach I'm also on the program evaluation committee which is made up of learners facilitators and parents I am the union representative and also a union member I'm also a member of the Alameda County teacher leadership cadre and social science and on top of that I'm here tonight to talk to you and what I would like to say to you is that we need change we need to get away from the status quo the speaker who just spoke and many of the people who spoke tonight have never come through my door in the four years that I have been at a CLC they're talking about someplace they've never been they've never looked at the model they've never experienced the model of Education they've never SAT through one of my classes one of my honors classes US history honors and American government honors which are all you see certified so for the people behind me to speak about something about which they do not know i think is valency izip you I support vaniya Community Learning Center and I would appreciate that you supported as well Wow hello I'm pilau and I'm i work at ed tech we provide business services charter schools around california including about 15 in the bay area we worked on the budget with the developers and i just want to take some issue with the pretty blanket statement that there were really no description of what the assumptions were and I and I'm just holding them here I'm holding the budget that was submitted right here and every line item has a description of what the assumption is so I mean I I'm if you just read across in a matrix format you'd see general purpose k through 3 and amount and then the assumption and where the assumption came from so and you just go down that page after page you'll see notes page after page so I'm a little confused as to why exactly there was a comment that there were no notes and this was a PDF so I'm assuming that that is what was actually submitted but in any case I am here to answer any questions if there may be questions about the budget I did leave my information with with loose and I and I know Chuck knows how to get ahold of me so if there were any questions previously we could answer them and i'm also here tonight Thank You Corey Fenton hi I'm Lori feta and I'm the community representative on the board and a volunteer financial officer for a CLC I'm here tonight to talk to you about our planned role in the community and to give you a little bit of financial information we recognize that a CLC was started originally to provide a innovative educational program on the west end we have providing innovative educational program we've had successful test scores and we've served some lesson students but the only way that we can serve more that we can bring our choice to more people in the West End is to be allowed to expand the ethnic mix that we have now has been about the same for the last five years we're close to the district percentages in African American and Pacific Islanders we are over the percentages for Caucasians and we're under for Asians and Hispanics like other Alameda public schools would give sibling preference and so only about ten percent of our learners can be new each year with the required random lottery it's hard for us to move the mix with just the school we have now but with an expanded opportunity in the center we can serve more West End learners we look forward to working with the district to do rigorous analysis of the impact of our educational model I don't think that was three minutes so please continue do we have high test scores and a smaller achievement gap because of the people we attract or because of our longer school day or the commitment of our facilitators do we have significantly lower discipline problems because we have a learner ledge additional system because our parents volunteer at the school or because kids that have a tendency to fight don't want to all in our program will gladly work with your staff to design scientific studies to help assess these questions but the people that assume with no evidence that our model will not help academically challenged West End kids who assume that those kids need to have it tightly scheduled back to basics curriculum to succeed are also displaying their own type of prejudice we don't claim to be the right school for every kid but we believe that more of them deserve the opportunity to try our model on the financial situations Peter said we're happy to review the assumptions with you will provide information including the confidential salary assumptions to your staff and we welcome your oversight on any audit exceptions that may be raised we'll do whatever it takes to bring successful educational choices to the west end of all in all of alameda kids my kids graduated six years ago I have no personal interest in this our school would be fine the way it is without growth but our educators our community are committed to expanding the PIAA number of people that we can serve and that's why we asked you to approve this charter thank James venable I want to respond to the criticism that we did not provide a comprehensive description of our k5 program I worked on the cake I part of the Charter our vision for the Charter application and the appendix in is the same as the vision of public education to teach all children basic academic skills we plan to achieve this by implementing a balanced curriculum broadening literacy instruction and fine-tuning assessment by providing a balanced curriculum we are not only concerned with what we teach but how we teach it powerful teaching is responsive teaching that is based on the learning styles and the cultural backgrounds of the learners as defined by gay sooo bad Geneva gay and G lanston billings the nia charter school will use research based instruction that draws from many areas including linguistics cognitive psychology socio psycholinguistics and from ongoing classroom practices developed at schools of education such as Columbia University's teacher college with Lucy Calkins stephen krashen from the University of Southern California Shelly har Wayne at the New York City school system among others all members of the National Council of teachers of English our approach embraces a progressive ideology that recognizes that language is best learn in a meaningful and purposeful context when students are engaged in authentic language use three things happen they learn language reduce language to learn and they learn about language therefore they will learn to read but also learn read to learn we plan to broaden literacy instruction to include not only conventional reading and writing but digital visual and critical literacy we believe for a child to be successful in the 21st century she must know how to use these literacy skills we will fine-tune assessment yes we will use traditional measurement tools for accountability but we will also use data that comes from an offer observational context evaluating learners individual processes and the products in addition learners will participate in the assessment process of their own learning finally air vision includes hiring staff members that understand and choose to participate in this vision of educational change thank you we've in the question Linda McCluskey appreciate this chance to speak to you again I worked on the k5 part of the program in the proposal and will speak to you about some clarifications but I want to tell you that as a teacher when I was here I felt empowered by this school district to make change I felt him empowered to look at myself and the way I was raised and recognize where I was raised with racist thoughts and where those got into the play into my way when I was teaching I felt empowered to integrate my special day class with a regular class I felt empowered to make changes at an amazing program at paid and some which is still surviving not too much but a program that was much like what we want to do for the k5 etnia Hayden if you can picture that has a central Learning Center and many classrooms around it that's really the effort behind what the k5 would look like we realize the k5 student does not in any way shape or form is not an englisha perform ready to take on the responsibility that the 612 students for instance at a CLC take on the younger students need a dedicated facilitator and a dedicated space to work in they will need also chances to be in multi-age groupings but that will be as needed they need hands-on direct involvement in their mathematics and science curriculum they don't need reading books there was a huge movement in this district when I was here that was very exciting to help those of us who are elementary school teachers not teach the same dinosaur unit every year think about the disservice there in the inner and an age when kids need to know science k five students need to mess around with it and they need to do the same thing with mathematics so that they understand what's going on behind multiplication not just the facts they need to know both they want to mess around so they understand the principles about the water cycle they need to get their hands in there so it's a small is a different model of the older aac-lc but it's still the same in the responsibilities that the young people will take there will be years on what's called the reading and writing workshop which was developed in columbia it's been around for 30 years there are other districts in this area that use up and in fact it was the basis for the underpinning for the reading program at washington school when they when they received a distinguished school award in 2006 that program encourages with the support of facilitators young learners to make choice in their reading and in their riding with the direction of others the program will go on and look like that and we expected to be able to sit down with you guys and iron that out if it was necessary we'll be back thank you like a motion to extend the meeting move the we extend beyond 10 30 second second all those in favor please say aye hi unanimous okay we keep going ball bends thank you thank you for reading our Charter and considering our charter when I originally thought about what I was going to speak about tonight I thought I would talk about the 13 points but I'm not sure there's any point in talking about the 13 points you have our response to the 13 points and Chuck sorta made it clear that that his opinion was that you guys stopped at 13 points because you were just tired and but if I responded to 13 these 13 points there would just be another 13 points so it's kind of pointless I can tell you that you know the Charter was reviewed by several experts miles Dennison reviewed over 56 graphs of this charter from the charter school development center this is what he does for a living Paul many are attorney reviewed our Charter and neither one of them after look after reviewing our tire and reading the comments here you know believe that our Charter is seriously deficient so it's not seriously deficient there are some minor flaws in it if you want to use those minor flaws and and and reject the Carter your the Charter you're perfectly capable of doing that you can do that so I'd rather just spend my last minute and half or whatever you know 12 years ago I think was mr. McMahon and miss Daley here hired me to be part of the school of Future program in alameda and it was a great honor and I poured my entire life into it and I think we've done exactly what you asked us to do and as the Admissions Director the hdlc it really saddens me every day when I get phone calls from people that want to come to our school and I have to tell them basically you know you can get in line and that's just gone up and up every year it's going up from 100 to 120 to last year when we had our lottery there 175 people left and for me that was really the impetus for you know saying that we really have to do something we've approached the school district several times about some minor expansions of of a 612 of 6-12 program to grow it over time and work together on this and none of those things worked so for me personally there was is a tipping point where it was like I can't I can't keep doing this I can't keep telling people that you can't have this you know everybody else can have it you're just not one of the lucky ones I'm sorry so I'd like you to you know seriously consider that because you're not saying no to me tonight you know I still got a job I'll still dream up with the next scheme I'll still fight for this battle every day until I retire but what you're doing is you're telling saying no to the 170 people who have already committed themselves and want to be part of this vision it's really about you know them I mean if they want to do it they should be that there they this is an opportunity for them and I'd like to you to think about that thank you very much you know you well you may you well good evening I am parent of a student who attends a CLC she has been going there since she was in the sixth grade I liked the school my daughter loves the school she stays often after school longer working on her schoolwork I enjoy that I can't approach the teachers at any time and they can communicate with me and I can check in with her and see what she's doing at any time there's not a problem for me to drop by the school to make sure everything is going okay with Asia and I am looking forward to the NIA school I have another daughter and I think that school would work just as well for her and I'm in support of that school and I hope that you will support it as well thank you very much Ron Mooney good evening again mr. president and board members logically tonight of course you're focusing on the Charter application and your staff report i would say that there's been a lot of heartfelt things said tonight that certainly will weigh on you as well but i hope you remember the first public speakers words said them fairly eloquently and also someone who i lovingly call mother khan i would agree with her comments too so i would ask you to take a look at the staff report from so far what I've heard tonight it sounds like you have the findings there and I would ask you to uphold your staffs findings thank you thank you fish Spencer good evening I have two kids to go to Lincoln Middle School I have one daughter that graduated from alameda high and I have another daughter who did attend a CLC for a short time years ago back when Linda was there and why did that daughter go there she went there for many reasons she was bullied at Lincoln she didn't do well academically she had issues that was the first time where we felt that she had found a home and I was very fortunate that year to be able to attend a graduation from a CLC and I saw many students stand up it was I think was it up at the Elks Club and speak about where they had been kind of lost not really reaching their potential wherever that was on that academic spectrum and they went there and they found a home and they found a home with someone named mathy and I remember my daughter coming home and telling me you know we call her MA and I was actually kind of offended because wait a minute I thought I was mom well but you know I actually I try to be open minded and ok let's see how this goes she found a home along with those other students and they were students of color and I think it's fascinating this evening that we had two african-american men join us and I want to applaud them because I am pta council president I go to PTA meetings across this city from years I've been doing this and I got to tell you I think this is the first time I have seen two african-american men come to a public meeting like this that's right that's right let's give them credit I say that's extremely important when I see ma fille wanting to leave the school again I say you know what that's nice let's see what she can do let's give her the power let's give these men the power where they are enthusiastic I can go to chipman in fact I was at the meeting the other sunday night at Chipman it was actually at internal cafeteria but on behalf of parents that are going to be going into chipman pause ibly I'm thinking how many african-americans were there hmm you know what I don't think there were any and I do I don't have to do this I'm not speaking here on behalf of my children first of all my children are not african-american my children do go to Lincoln they go to Alameda hi we do have options and in fact when one year when my mother child o mine was having issues we sent her to Grandma's house and caramel she was able to go there for a year my children are privileged I volunteer because i want to share and help these other students that don't have the opportunities that my children have so i have to support a CLC and i have to support it for another reason because these families i'm sorry i'm going to say one more thing these families cannot pay the eighteen thousand five hundred dollars to have their children go to private school when i sit across from mr. schaaf he can his child can go to Julia Morgan and have opportunities other families don't thank you thank you Rob Sultana good evening I'm Rob Sultana and I'm a parent and teacher and just as a teacher and a citizen I think it's great that we have passionate debate about the nature of our schools and how best we can improve them so whatever happens after tonight I think the community's kind of energy energized around schools and how to improve them so that's a good thing regardless of what else happens and I've spent a lot of time in the dense complex forest of charters and law and everything involved this so I wanted to step back and look at the trees as some of the more recent speakers have done and say something about public funds specifically I I believe that about 75% of Alameda households do not have school-age children and yet they all pay taxes and they all support the public schools because public schools provide a benefit to the entire community just as we pay for fire protection even if we have sprinklers in a stone house or pay for the police if we have an alarm and a shotgun but public schools benefit us all and the idea that when I pay my taxes it's for my kid and her education and my younger son's education it's wrong because i'm only paying twenty five percent roughly of the cost of their education even if I accepted that way of looking at it and I don't so the interests of the community are at stake here not just an individual parents desire for their kids and I understand parents love and care for their children more than anyone else but the public education funds are for the community at large your trusty ship or your roles trustees is to look out for those interests and I submit that this charter doesn't fulfill the interest of the community so i encourage you to deny the application thank you thank you Mike O'Malley Michael O'Malley good evening um I like my choices just like anybody else I've heard a lot about choices whether my choice as a citizen my choice is apparent my choice as a teacher at al-amin hime I made a choice to move to Alameda of all the different communities that are in the Bay Area I made a choice to buy a house in alameda where there would be houses that were comparable for less money either are the state or out of the bay area I made a choice to admit my son to an Alameda school I made a choice to apply and get accepted in a position in alameda Unified School District what value do we have of our families making a choice in my family making a choice please don't invalidate my choice and the 9000 other choices of your students by the few that want to make their own choice for us Thank You Virginia McBride hello I'm ginger McBride and i am a learner at the Alameda community center not only am I learner I'm a community member and I feel like I have a great impact in the way the community is run and I feel like the NIA Community Learning Center would enable that many more students like myself to be able to change their learning environment so that it helps them become the best people they can be and become the best citizens that will eventually be responsible for this country and alameda and California and you know a lot of people have said stuff about affects the effects this is going to have but a lot of the times they've been using the word effects and they've been using it in a negative way I'm here to talk about the positive effects is going to have this is going to allow students like me to have that many more windows into knowledge because you know everyone comes in to the center or even even just you know public schools private schools everyone has their own little interests that they go out and they study until they can't learn any more off the internet and go take classes at colleges and such to learn about these things and then when you enter into a community you have the opportunity to share these talents the opportunity share this knowledge so that others are benefiting from it and I find yes that happens in in the public school system in the private school system but I find and I see that it's happening more in the ACL SI system in the system that we're trying to get for NC LC and I think that it would be wrong for people not to have the option to come here and to be able to learn about the core curriculum and then on top of that someone mentioned that we have um enter grade classes um that happens in any school I'm in the band at n Sinell and I greatly benefit from it and I think that if we had a bigger school then we could have our own band but also that's you have 7th 8th graders 93 or 10th graders lens bears 12th graders and we all add into the band one band One sound this is the Alameda community everyone counts one community one voice that basically represents us when it comes to national level and I think that we all need to work together to get the best for everyone thank you that speaker is a mark irons just want to state his opposition to the Charter Roxanne Clemence i'm a member of choice I believe in choice in fact I participate at bay farm schools a media center teacher and our school used to be a school choice we opened as a year-round school we opened to open enrollment whoever wanted to come could come and if we didn't have enough people we wouldn't survive we filled our school we've been full ever since unfortunately over the years as I watched other schools because I remember the schools of the future i participated in the vision I remember Arthur Andersen the science and technology the wood academy quality schools i participated along enthusiastically with all of those innovative teaching methods and more to come but i'm really upset at what we constantly spin down into in these discussions the negativity the attacks back and forth when we should be up we should be celebrating each school each school of choice which is either charter or a neighborhood school I've been attending the neighborhood school task force public meetings where that's another choice to maintain our neighborhood schools and I believe what we need to do I think the biggest is service and all of this is that every time we speak negatively about one program it's at the detriment of another program that's not there to speak and I think I would rather speak tonight I'm going to leave the criteria and the evaluation of the application to the board I understand that there are requirements you need to address instead I want to speak about some things I think the school district needs to do immediately so that we can all have voices at all of our schools and so that students like the one we just heard who spoke eloquently about his program I'm sure there are students at every school in town who can speak as eloquently and is passionately about their program in the same manner so I think that we need to put in place immediately exit surveys at all the schools these exit surveys would provide information that would help to evaluate the needs of each individual school let them set what their priorities are and when we come up against what i hear lose saying is coming the next sets of budget cuts we won't be in another reactionary attack mode instead we'll let schools speak about what the priority is and try to come up with creative ways to finance their priorities well they may have to discuss about letting go of some of the items at their schools we need financial reports not just we talked about charter impacts but we need to talk about the impacts of all of our specialized programs because I consider each of our schools in town to have specialized programs within their school program that need to be discussed we need to have full disclosure we need to understand beyond the district's base support that's provided for students what does it cost at each of the school to administer those specialized programs including new ones that might come along the line I believe that we need to do online surveys of each of the stakeholder groups I heard a lot of people tossing out what they feel is happening it's from school to school and input I see no data and we're talking about being a data-driven community we need online we need online surveys from student groups parent groups community groups and teacher groups at each of our schools to talk about what's working what's not working what we can let go and what we need to keep and let everything else go but keep this essential piece that needs to be at the school we need to be able to set priorities and I don't think we can talk about that now so the last thing I want to say is just we have an opportunity to still share what's great about all of our Alameda schools in each and every one of them and I hope that we can harness the positive energy that exists in each of our schools and promote that whether it's on the TV channel whether it's with PSAs whether it's with students standing up at the school board talking for three minutes about a program that they're impassioned about I just want the negativity to stop and I want us to celebrate what is good that's happening in alameda for as long as we can and to try to find out what the priorities are in terms of the budget cuts that are coming thank you thank you game kappa good evening uh my name is Jane taba and I'm senior at Alameda high school uh first thing I like to just tell that up it's been like when I first came here it was been four years ago and I'm I came from an immigrant family and like when I enrolled in the public high school like it gave me another home itself because my mom and dad they work all day all night and I'm there in public high and I made friends and I mean I used all the different programs that they have like sports and sports and different activities clubs groups to help myself be out there and be known more in the community and in this school itself and as for the charter school that goes the things that were brought out where like you know it's the big money issue yes money is an issue especially our school district has been going through so many budget cuts that it really does affect our school we didn't have we hardly had we didn't even have enough books this year we shared our media center the book ladies we had to share between Encinal high school and almeda high school and budget cuts are definitely affecting that as for or where it said this the money belonged to the students yes it belongs to the students and just for the select few that the mud the new charter school is being opened for we cannot sacrifice the different thousands of school thousands of students they're going to all the different public schools in available in alameda like antonella Almeida and other students are and as there was a thing for the hope that the new charter school brings why can't we see the same hope in that our public schools why can't we see that same gleam of Hope in our public schools we can go out there almeida API scores also was higher than ever before I believe and we went up why can we see the same hope in all our schools that's present in here we can we can make this a better Alameda unified district a school district but if people look at the negatives on both side like the entire budget and entire think about it like there's no way we can look find a better oh so ends Thank You answer towards it like come on like hope is out there we just need to believe in ourselves and me to look out there we can do many things in this United unified school district that can help us with our public schools but if we if the budgets cut are gone over here and there then it's just going to take some of those programs or maybe some of those activities that empowers the student to go out there and seek himself out or herself out and try to be a good student and a good learner and also a good citizen and a community member and I totally think that when if we bring the charter school in it's going to take money away from us and it's also going to take money away from not just me and not just my students that that are in the high school right now but also to the incoming students maybe they won't even have a sports program when they want to come in because due to all the budget cuts like that's not acceptable high school since being an immigrant and the four years that i have spent in high school so far it has been a great experience for me and hopefully that experience stays there with all the students that they come and that the activities and programs provided are not affected by it and i disagree with the charter school and I think it's just going to take a way of puttin it is available to the high school in here that's all thank you Alex Bernstein alright it's getting late I'll keep this pretty short I'm a parent moved I'll meet about four years ago run a venture incubator small venture capital firms I know a lot about innovation and you know there's a couple things I have observed from I feel like i'm a bit distant looking in this one thing is it seems like an overwhelming proposed proportion of the people who are against this have a financial interest in it they're either employed as a teacher and they seem afraid of budget cuts that are coming if another school gets funded I think a lot of their emotional statements a lot of it comes from the fact that their job could be coming underneath those budget cuts and seems like that's an overwhelming influence in it the second thing is it seems like from the analysis that came out in the very first speaker and a lot of the looking at these things there's these legal criteria that the legislature set up that created this need for charter schools are almost like a pathway to create these charter schools and it kind of looked like that we're looking for technicalities so you could kind of skirt the responsibility or the leadership to which you're elected these roles that you sit right now he's sort of scrutiny responsibility to say well can they amend the document what if they change it and it gets better and it gets approved by the next level up or the next person after that then we're going to be saddled with this thing let's hope that they can't change it because they made a mistake and then oh my god they can apply tomorrow and fix it and I hope they do I think they'll be back tomorrow and the next day and when they do you just get some point the responsible is going to fall on you to make a very hard decision there's hundreds of parents who've lined up and said they want to go to this school whether they represent those exact dollars or not or twenty five percent or 75 per cents largely irrelevant there's a huge need for this they've got a proven team of people are incredibly passionate and you've got an opportunity to lead with innovation rather than trying to continue established and I agree that it's great that these schools have passionate students I'm glad that they're here I wish there were more of them here but it doesn't mean that that continuing the status quo is the right path for innovation so one thing I would just say is let's take a look at what's going to happen in the future they will amend their process they will change the documents they will continue apply they'll probably reapply here and at some point you won't be able to find a legal loophole by which you can deny this charter because it's the right thing because they are confident because they are striving for ethnic diversity and all of the thinly veiled racist comments about how a lottery system and how not letting more students in is just going to propagate the problem even further are all ridiculously thinly veiled fear fear fear holding people instead of moving forward for innovation so I'm asking you to take the chance now to take a leadership role because it'll come back to you in a month or six months or 12 months and at some point the school system is going to evolve because the passion these kids and the passion of the parents and passion of parents like me is not going to go away and we're not going to stop we will demand that our school systems evolve and this is one path we see and we're going to fight for it so thank you please have the courage to lead iron madani do I get the name right dart dart dorming dar me sorry about then sorry um my name is dodge money and you keep saying equality equality equality um we want to give more to those who have less and it's always the minorities it's always the Hispanics the african-americans the underprivileged we keep saying things like this and we keep saying racism is bad that you know these people are equal to us in terms of their race and their status and everything and then we say these people are not able to learn as well so they need special facilities need special treatment is not not enforcing the same racist stereotypes that we've been trying to abolish for what decades and it's not about the money it's not about the money going to the system because our school really has such bad you know curriculum such bad facilities you're cutting money from AP classes we don't have money to make copies for stuff that we need that's fine it can't get much worse I can't imagine the problem is some people think they deserve more they think that it's okay to take from others for themselves that's the issue whether or not they are allowed to take it if you want to promote equality in learning you can't force it on people the second you start telling people they are special either better or worse and that they need special facilities they need special treatment their will to fight is gone one of my oldest friends he was a horrible student sees passing was a virtue to him but when he met me I talked to him I told him why why not try it's your education it's your life his parents were horrible they abused him physically and there was that's not the point but after I met him he decided to start trying he had a four-point-oh the next semester the very next semester and it was about trying if you want to promote equality I suggest you start getting people to want to learn I suggest you start equalizing not equalizing I suggest you start promoting will to fight for yourself will the fight for your education and what you are and that does not come from better facilities or better or more money going into the school system it comes from people that's where it has to come from you know everybody else walking up here they start quoting their qualifications they work for so-and-so amount of time at everything this is why their opinion matters well I'm not going to tell you how long I've spent helping the community I'm not going to tell you how long I've spent you know fighting for what I believe but maybe you away my opinion the same thank you and then oh I'm sorry um my name is Tina nyan I'm a student at Alameda high school and I'll be honest I'm not the greatest student out there heck I'm barely at the average but the thing is I've noticed that a lot of teachers at a CLC believe that they should let more students into older school I think if they really look that then they should do that but if they want to take and make a new school overall then it just proves I've been giving up on public education overall they want to make a new charter school that way they are not involved in the public and the public is what we want we want to improve the public overall anything else we don't want to lower the standards we don't want to separate people we want everyone to have equal opportunity if you make a charter school just for the sake of someone else because they want to like have a better education or solenoid it's not them it's the students and the teachers that overall build it like I see these dedicated teachers at ACL see that should probably be going to Encinal high teaching public kids with classes full of 35 not with 20 or smaller overall they just say okay let's make something better let's take these small amount of people and teach them why not teach a public school you love students but why not teach you a public school you teach at a charter school that is not really a public school you have to go through a lottery public school especially open to anyone a thing I want to leave with you is the fact that there are so many students over Alameda high and Snell Island what not the textbooks are out of date everything needs to update everything needs to get fixed heck teachers give up on students nowadays why do we hire these people why do we give up on the Public Schools Board why not improve it why not make it better I want to leave you with a quote a very infamous eminent quote that everyone should know the road to hell is paved with good intentions thank you leave it or not it's the last speaker slip Ron wolf superintending board members my name is Ron wolf I'm a reserved person and quite uncomfortable about being up here but I want to voice my support for the charter school since I've read in the print media online media about comments that this is for the privilege elitist minority I'm not among the economically privileged I'm a filipino-american who struggled through the regimented public school systems with my own learning disabilities during high school I found at least a few teachers who stepped outside of the norm of teacher dominated instruction methods and allowed me to excel in the sciences and math my children will do well in school because they have very involved parents but I want them to have an opportunity to thrive in an atmosphere that promotes independent thinking respectful debate and exchange with their peers and teachers with a facilitated environment I want them to learn to be excited about their education I want my boys excuse me I understand that my boys may not be admitted because this is a lottery there will be a distribution of students respective among those who choose to sign up for this lottery and not a selective admissions process to attain artificial elevated scores my wife and I have gotten to know the core n CLC team and we know that this is a group of highly qualified resourceful motivated and dedicated individuals who I am confident have developed an outstanding and effective program this charter school gives the that choice for the current students within a u.s. excuse me the Alameda unified school district and will attract some home schoolers and students currently involved in the private school in private schools please approve this charter petition thank you we'll open up for board discussion um sound like to start Mike no go pass crazy um before I before I I'm talk about the petition or anything like that or discuss what's been said tonight I want to ask on the super ten and a question and because we just went through a debate in fact the last time we had this many speakers was about the Edison enrollment debate which was a couple months ago you all might remember that and it was about students who wanted choice the choice to go to edison school and so when I want to ask the superintendent is with regard to the UM the the demand for Edison or Franklin or Baffin Island school would you would you what would you say if any one of those schools were open else into open enrollment would you expect that you would have a demand of 20 or 50 or 200 yeah we probably have a huge demand so I mean within with yeah I mean I well that's lightly I mean I expected that you would say that and I guess my point is that this is a great school a CLC and there is a demand and there's a waiting list and there's a lot of people who are really excited about it and that's been well explained and well discussed tonight and in other correspondence but also tonight and in correspondence we've heard that there's a lot of schools in the district that are in demand and that would have a waiting list if we if they were either charters {00:00:03}	1
{00:00:22} alpha road Oh you want Oh as long as we know our agenda is up here the bathroom features starting to my first on this year state the following that our agendas when they are posted to the public Natalie's a busy agenda master so from here on in that means there's many items for the agenda exposure to that isn't confidential so that you presentation is jewelry I thought gray I will see you in the audience alysha rylee vector he's not so hopeful you have to deploy on the agenda see how how that worth the trade shows up next item on the agenda is common for the public on items that are not on the agenda if they're on the agenda your college he'll the item is called by my board board discretion also items on the executive session agenda are not to be seen right now so any item that is not Todd public agenda to make presentations I I on them for your life in 30 perfect thank you very much sure I am I'm here voluntarily along to the white pathway energy bar by a Confucian in this fish tanks regarding spastically you're both be happy with us angela was a to begin with I was JD saying what experience however you have more negativity and pump it up the unit was not late because we wanted page in it I'm fighting in 2008 mr. cumin get to pick up our yearbook conveyed my 300 pages for not uploaded into the system an HTML page took a very long while women though observe this who committed us to train the year what there was never any mention of human writing the time saturday marked well mr. Modi's visit impactful typical party and as we have the weekend to finish your book the year of a collectively decided to place inside whether the very last moment furthermore our basil things were already done one thing once we clear that deck who has got to be someone the university so that we evolved is a recent one is he really would appreciate all right we welcome you look for many hours knowing that is your bonuses stipend is being held is a big disappointment to me does he have decided to donate his pipe into the yearbook staff his work is done and so is ours thank you oh and I'd like to present a factor of minus the web he thinks all my name is recently graduated from the class of two thousand eight and I was the editor the 2007-2008 practical high school yearbook but why am I here at employment can I recall the minutes of the past 14 I can see many things that are not true now what I have to say is nothing for the truth I have no reason to lie I have a college graduate and has a year with me I am just trying to prevent the other class of you expecting what I covered and to shed by on all another question to begin with our original deadline will not bend towards 31st of the game that is print but Michigan the dead presence of a new deadline when he turn in 13 days late component of a new contract I decided on generate to a second of the knee and violated on every 15 and watch ten thousand eight the contract says that for every day Monsieur than is a wee pictures that you're looking president extension of two days pudding after our original seven fishes or surgery taking into the account 13 days he would collectively late amount to take 26 days which means we could have turned out of your lip to him on April 26 that really wishes met any blame tape on our part on why the yearbooks relate however there are other point that I would like to mention the first via database which included senior portraits junior sophomore and fat pictures the yearbook current program without the database without it we do not know how many pages and intelligence this database was installed on April face five days after original deadline on march 31st in addition a program required to play that you put together easy book and not allowed nails being edited once they were uploaded I have to fix problems in the photoshop file stayed in jpg out of order and finally uploaded again when you part that these five minutes per page later time there was more data in the evening of crime ultimately editing wasn't done to the point I would like but editing was it wasn't it's very the minute said quote unquote that your book contain many early but errors exist in every year of CHS has seen and they are not dramatically perfect finally after reading the minute I also seem to get an understanding as importantly the yearbook that an advisor make decision of having 300 pages either at the last minute or time that as a result will change the date of arrival of the yearbook the United pages were decided early in the year but mr. Denton you about this and do not mention that your roommate is that were the reason moreover Villanova staff and even students expired nearby review which room and its lack of professionalism created more problems than expected it realized the ultimately like maybe rely on how this work has been over the years it is ironic that for the past four years the yearbook on top and we're going to put a sane teacher more than 14 years foreign teachers whatever that is you know what to change {00:00:28}	1
{00:00:15} really help communicate he dynasty please I Oh including a letter of resignation very No keep it on a lot did a great job work at stay a school day your application the regiment's presentations there anyone who would like to address infant again for the discussion you one of the troops were asking to cover anything but was I'll take Cooper's one that would be good and also Terri Bryant you ask people ok we would have we went out to be hi my name's Diana a llamar the pair of our what we what we typically do Paris speakers the district and then and discuss what they ask you some questions that makes a very simple losses here based on there and my child currently 10 Hebrew elementary my I have five children attending school right now she the only one in heber my eight credits moving on to high school she was the one watching her after school now I'm here my husband's in the military so he often never around but when he's around community San Diego and I have no family or have been here almost two years so I really don't have support system my I have an infant my child goes to a daycare in el centro I also work in el centro so I have no one to watch her after school for the next school year 10 years after so that's my my first concern and why I'm requesting that she moved to an l petrol school local to my child care because she can transport her to a school nearby her house so without that I don't have any way to get her you know after school I have can't have her going home alone years old and then the second breathing in that my child came from San Diego and then she'd been in beaver school she's already in bad they're great because she's above their standards so they're still trying to do think the Challenger this year you know the teachers like supporting class and all your pencil and I don't know what to do with her and that type of thing that's my my second but my first right now I don't have childcare so I don't know what else she might I have three in high school and they're all in like after school activity then then she have a negative 10 month and she the only one elementary or not in Russia unavenged messer in high school like my eighth grader wasn't and that's why i was able to do this the previous years I had an older child home with her but now I won't just going to be in southwest and there you know pick it up later and they have their own schedules 20 21 this other love 10-percent out and have that timber sale pregnancy it all we always real parents question is who wants to go ahead and take an action which directed option we are the legal system but the Bible a policy angle memory pool and the legislature which by the mages recently in class session when the toll reinforce keepers standing so so there's a wall behind you {00:00:24}	1
{00:00:05} this is a public eating if there is a matter of which you wish to be virtually who should be a bird please come forward to the microphone address for yourself to the to mention steady the name and address for the record the chairperson reserves the right place a time limit on each person asking deeper if you wish to address the Commission concerning any other rather than a Commission's jurisdiction you may do so during the public comment portion of the agenda any person not satisfied with decision of the Planning Commission they file an appeal to the City Council to the office of the city Oh type it here boss article very discussion this hitter question on the interim status in green that mean that was your status at the moment so you want to make sure I had obtained before that thank you thank you motion passes virgin the existing two-story 26 jest moja and five commercial office spaces to a 39 unit office condominium complex on property located instead of 25 West states to decide to throw described in 05 321 dad visitor three proposed office condominiums will range in size from 300 square d 26 others for their access decides to both work with wide driveway located along State Street egress will be divided rich culture collide alico in along the southern perimeter of the site easterly and south seven through twelve initial first start thank you on the world chairperson and members of the Commission as you make a call every question at this ime continued made last year the proposal we request that a conversion fiction story 46 guest room motel and I commercial spaces for 39 DNA off of the common alien combo is located at 75 west state street at the time that the application was submitted to the same that cycle of zone general commercial however since then we have updated our zoning map ms consider now downtown commercial this is the project site again it's at the corner of State and seven this is the area and this is the proposed tentative that death scene proposed as mentioned before the map proposes 39 office condominiums ranging in size from 300 to 600 square feet the project the full but then the project will be eliminated and that will provide additional parking area the Toa barking outside parking within these sites will be 39 part of off street parking spaces and it would also the project would also require a 2200 square feet of blacks changing this is the subject side looking southeast looking south looking west and looking each it's right across from the idea now the project proposes garages to the south of the project and if you can't really see them from this picture that this is just detecting the looking north from the alley the car parts will be enclosed of private garages that is the case the project will be required to provide us by foot setback in the rear yard of the project the project the total number of parking spaces required for this project is 67 parking spaces 39 will be located on side and the balance of those will be paid by in accordance to the city's ordinance of a pig in the fee for the efficient parking and then show our city ordinance allows for the station of a movie for any official parking if a public parking area is located no more than 500 feet from the project site going back to the project site you can see that just to the Lord there is one sparking public parking area and then just north east of the project there are two parking structures located within the project area be this party is over the difference between the project site in this parking structure is over 500 feet so this will not count towards the credit the but the project can do is of we would create these parking spaces and this project is parking space to accommodate the deficient partner is we are recommending that because apparently open to allow any public comment at the same time we are staff recommends at the resolution finding that negative x declaration was considered by the court also and also that approving condition improving the tennis matt has proposed now if you go back to the last page of your salary for the last three pages you will see exhibit ii which i can invite all the conditions of the project I will not going unless you want me to go through all I'm not going to go through the I think the important ones are again the off street parking as conditions 11 which will require the applicant to the pulpit eight hundred dollars in the state parking lot acquisition fund for each division parking which will be 28 the landscaping will be provided that we can be conditioned seven condition a again if the car parts are in close there shall be a minimum of five foot setback and condition of the twelve which identifies the need to provide a left turn only sign on the one way and creat only we located along west a street so it would be left here only the other conditions are just our static conditions and that concludes my report yeah there will be a a parking papers have calculated on the overall 67 information there's a formula but it became a number of parking parking spaces in a cage and it has to be this problem will require two hundred reward 20.2 emi {00:00:08}	1
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1st row	{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}
2nd row	{00:00:24} alright alright let's welcome everybody we've to the city council meeting of the League City Council on october twenty fourth at six pm and let me call roll please Gary Schultz here Ted Nelson Mike Barbour affirmative Tommy cone here Chris Samuelson air Phyllis and boy here John Key me present Jim nill ever very good item number two we will now have the invocation pledge of allegiance to the flag US flag and a pledge of allegiance to the Texas flag our invocation tonight will be by Pastor John Newsom from Bay Harbour United Methodist Church you must be the new a new pastor I'll have you been there six more for months all months okay I don't go there go otherwise indicated haven't been well we'd like to recruit is that clearly not the text now would be a good time to turn off all the cellphones and let's pray well father God I thank you for the city and I ask your blessing upon those who govern it Lord we asked for that this would be a haven of peace Lord a place of prosperity for its citizens Laura feel thankful for those who do serve and those who serve in the police department on fire department we asked your protection your blessings upon them also and lord I also ask that you just give divine wisdom for the decisions that must be made some are very mundane but some may be are very important Lord they affect the lives of the citizens of the city and so I ask that you just guide and direct this City Council the mayor that it will make the right decisions and that things will go well and continue to go well in this city thank you for the privilege of being a citizen in the city of living here Lord and I thank you for all that you're doing and blessing this city and I ask all these things in the name of Jesus Christ amen I of the United States of her and to the Republic for which it stands one nation under God indivisible with their routines okay we will now move to item number three approval of minutes we have sep tember 26 regular meeting and october the third workshop are there any changes to these minutes hearing none these minutes or so approves item number for appointments proclamations presentations and awards I show none item number five public hearing and action items from public hearing a hold the public hearing to consider proposed assessments against phase five properties in the city of League City Public Improvement District number 2 victory lakes established by City Council resolution number 99 dashed 61 we will open this public hearing at 6 05 anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at 605 and move to item number 5 be considering take action on the approval of an ordinance to levy a special assessment against phase five properties in the city of League City Public Improvement District number two victory lakes established by City Council resolution number 99 61 very rude to approve council McCombs has made the motion seconded by Councillor Mike Barbour this item is now open for debate councilman garlic that can just ask mr. Han's a brief cushion for the record my name is david hassan the executive director of the victory like stars and kid from Houston Texas thank you what one question i've had since the last time you and I've seen each other and we'll see each other I guess tomorrow a new record mean the sound barriers that are described in the financing for each of these public improvement district assessments is that the five or five foot wall the brick wall is there something else that is considered [ __ ] the brick wall is paid by the tours and the pit both but is the ball along along walking ok the wall along walker and most of us paid for by deters and what's once they are built and constructed who actually has ownership of those and it's a pub it's actually in it's actually owned by the city ok so student to the city guide doesn't yes thank you very much ok it's a public improvement great Thank You anybody else on the pier ok the emotional floors by council McCombs to approve second by councilman Mike Barbour with no further debate please vote for is unanimous motion passes item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or a business located within the city or their attorney a statement of no more than 3 minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Jeff Hagan Oh mr. mayor's house members of council thank you for the opportunity of addressing you my name is Jeff Hagan I live on Finland street in the Glen Cove subdivision and I'm here this evening to express my concern with regard to some action over the bridge on seminole Road that I've only recently become aware i'm here to automate clear speaker might be own behalf this is a last-minute thing but i would like to acknowledge that some of my neighbors at last minute have also shown up and wish to let you know that they have similar concerns if you'll show your hands Oh proximately three years ago this bridge was condemned by txdot we were informed by letter from the city that this was the fact and that the bridge would be repaired text thought would be repairing it in the city was involved this letter established a trust amongst us that the city was keeping us informed of the situation and that we would have our bridge back and we'd be rejoined with our neighborhood apparently that this is this no longer the case there were some rumors over recent months that the bridge was not going to be replaced it was hard to find out what would happen I was put in touch with councilman Kenan who informed me that he had heard some of these rumors was uncertain to exactly what was going on at the time this was i believe the june timeframe and would try to have somebody from the city contact me nobody from the city had contacted me with regard to this and due to personal business I had not had the opportunity to follow up for a few months until I saw construction crews in neighborhood working on the bridge last week asked what was going on and they they didn't really seem to know but didn't sound like they're rebuilding bridge so I started making some inquiries again got in touch with mr. Keeney again who informed me that City Council had decided to allow the bridge to be demolished we've learned apparently the City Council was unaware that there was a neighborhood opposition to the removal of this bridge there is in fact strong neighborhood opposition to this removal the neighborhood was simply uninformed and the original decision to replace the bridge was going to be rescinded and had no opportunity to comment on this matter apparently this came up at City Council in January tent when I myself was actually on vacation and had I even been aware of it could not have been here I I want to make clear that removing this bridge is going to sever us from our neighborhood facilities I bought into this neighborhood myself a number of years ago thinking that I had access to a certain public park and access to a boat ramp I'm now going to be severed from that and experience a loss of enjoyment of my property that i had thought would be there given that i would like the city to reconsider this decision and given it the city still owns the right of way to this bridge i would request that the city keep us informed of any action with regard to this right away and furthermore that the city allows text stop to proceed with reconstruction of the bridge as originally promised to the residents of the neighborhood if in fact the city goes ahead go ahead Jeff you're speaking on behalf of at least six or seven people out here so go ahead and thank you your honor if in fact the city goes ahead with removal of this bridge against our wishes speaking on my own behalf again I certainly will look for whatever compensation whatever Avenue I have to receive compensation from the city for the loss of enjoyment of my property the severance from my neighborhood facilities and from any other encumbrances or adjust to my property value that may ensue as a result of this action of the bridge let's that's all I have thank you very much thank you Jeff Beck includes item number six we now move to item number seven consent agenda item 7a through 7l there yes sir I'd like to suspend the rules item number 13 council member comments forward council member Jim Nelson likes to suspend the rules and move item number 13 up I'll suck at the council member John kini has seconded that vote on that way through the battle net no debate no discussion on that please vote you can't discuss some motion to move up to suspend the rules of move up so but but you're fixing the talk so you talk there how you get opinion on how the vote goes let's say okay in favor councilman barber combs kini Jim Nelson and Phyllis Sanborn oppose councilman tad Nelson and Chris Andersen and so the item number 13 council members comments has moved up Councilman Jim Nelson power away all right first of all I'd like to mention the death of a former city judge judge web he passed away last week and his funeral will be this coming Friday I don't know it's going to be a jack row but I don't know what time you can probably call Jack row if you're interested in attending to find out what time it's going to be judge web is a was a very loved and admired member of our city and our our judicial here in league city and he's going to be sorely missed by family and his friends so if you couldn't make the funeral i'm sure that his family would appreciate it and the second thing on my agenda is the library items l the hall library will host the next family event in the Susan use memorial theatre on thursday october twenty sixth at 7pm Captain Jack Sparrow of the movie pirates the caribbean will be here to attend entertainment hell hall library sponsoring a free early literary workshop or child givers on saturday october twenty eighth from 8am till 2pm to 30 p.m. excuse me registration is required and will be accepted on the first come first serve basis friends of the library will host their semi-annual book sale beginning Thursday November second for the friends members only at five-thirty p.m. til 730 p.m. the book sale will open at to the public at Friday November third at ten a.m. to four p.m. and again on Saturday November for ten a.m. to four p.m. the book reviews for adults will be held on Thursday November night that 1030am and will feature the review of kite runner by imaging Christian and finally a evening book discussion group will meet on Monday November 13 to discuss any book written by Diane mutt Davidson on a personal note I would like to express my love and devotion to my wife of 46 years it's our anniversary tonight I love her very much and i hope i have another 46 years with you Thank You captain barber oh I wasn't anything but now I'll say Happy Anniversary chimp council McCollum again I like to echo councilman Nelson's comments about judge web he was a wonderful man a wonderful judge for this city I worked with him for many years it will be sorely missed mr. Nelson I'm not for sure why you're here tonight you may not have another 46 years official but again Betty out you're right volunteer for the city congratulations and welcome everyone out mr. Owens I got permission okay that's it council makini i just want to remind everybody to attend the south shore harbor wine festival it benefits the leaf city rotary whose main goal is the eradication of polio also contributes other various civic projects and the community and it's miss chambers if you are going to sip October 28 from 11 in the morning till 10 a.m. at South Shore arbor sauna shall Shore wine festival at it that's it congratulations thank you for us I don't think councilman councilwoman Sanborn ok good evening it's nice to see a large crowd here tonight a couple of things tonight it is red ribbon week here and lake city in throughout the united states our city is all decorating with red ribbons they look great we appreciate the students and in all the PTA and the volunteers that put those out also I'll November first I requested us or a workshop or we're having a workshop and I've requested that we review our smoking ordinance on that on that day it's something that we've been working on for the past few weeks and I invite anyone out that would like to come out that night and review that with us and give their opinions it's something that we started working on before there was so much publicity about Houston's smokin or another thing is I to say Happy Anniversary and congratulations to gym and Betty Nelson and as our minister prayed tonight and said it is a privilege to live in Lake City I want to second that it is a privilege to live in Lake City Thank you Thank You councilman Samuelson Thank You mr. mayor two things number one early voting has begun and although a lot of times people in league city are kind of apathetic when it comes to voting I'll tell you that as an attorney I can share with you there are some very very important elections going on right now for some countywide positions i would encourage you to get familiar with who your candidates and elected officials are for county positions County Judge positions things like that go out and exercise your rights early vote if you can but if you can't show up on Election Day and exercise your vote number two I want to thank the citizens who have provided me with many many many responses with regard to my request for information about the animal ordinance Ted ordinances for the city I've gotten a lot of responses good and bad as some I like some I don't but the good thing is a lot of people are responding i'm getting a lot of feedback and hopefully in the next meeting or two we should have an ordinance to present to the city to update our animal control statutes the hit that's it nothing else Manila just happy anniversary very good thank you we now move back to item number seven consent agenda item 7a through 7l this mirror I'd like to request that we consider 7a separately okay we will pull 7a for discussion the airport may I remind you that the staff requested 7lp no action taken okay 7f is off the table mayor I would ask 70v like David do you like boy like boy pool completely or just for discussion discussion for discussion on individual vote okay and seven e4 discussion sand that is d like David E is an era p is in Eric okay where h over okay h half of it yeah we're going to call it a consent agenda anyway it's now item 7c d g i j k and l it's okay i'll check in the poach a motion to approve what's left of the consent agenda by Councilman ted nelson seconded by Councilman Jim Nelson this is open for debate hearing none please vote before is unanimous so what was left of the consent passes we now move to item 7a considering take action on the approval of the use of municipal court technology funds for the security equipment upgrade in the municipal court lift your proof Second Council mccombs has made the motion to approve seconded by Councilman barber andis item is now open for today councilman Barker just real briefly if I need to educate myself on this one more time when do we need to go after bed on things is there a dollar amount that's a firm dollar amount above which we have to go up to did under state law it's anything over 25,000 under the city's own personnel I'm sorry city's own purchasing policies anything over 15,000 okay but the state over farmers please thank you I just was looking to clarify that it's a thanks look okay anybody else on the cube okay motion is to approve by council McCombs seconded by Councilman barber with no further discussion please vote for is unanimous motion passes we now move to item 7b consider take action on the donation of abandoned or unclaimed bicycle bicycles to bicycles a philanthropist philanthropy group we could pull that just so i'd have to say that though Phyllis brother's building philanthropic I just learned something tonight okay okay council because you want to read your motion specifically I'll move to your food somebody else has to say that okay i'm going to say counselor causes motion to approve and who was it seconded by Councilman Sanborn is second to that and it is now open for debate and Councilwoman Sanborn when I was reading my packet lastly and I read about this the reason for those of you that may not know that these unclaimed and abandoned bicycles are being donated is because our new Walmart some generously donated all the bicycles that will be needed for blue Santa this year correct chief Daniels well the walmart has donated the bicycles in the past we certainly expect you continue okay well I want to closer to home okay because the the sheet that I got said that they had agreed to donate enough bicycles and I think what a lot of times what you do they work on these and donate some of these bikes but my question was where are we what organization are these bicycles going to be doing well that that's the name of the organization the bicycles of filling profit group and they they are their nonprofit corporation is called Bay Area Christian services and they run lighthouse christian ministries so they'll go to children with in the bay area right there go to a lady deeply dear okay thank you okay anybody else okay motion on the floor is to approve seconded by Councilman together up Phyllis true I'm sorry barricade Emil go just a quick question do we do we identify these bicycles at all when we receive them like I must engrave something in them or serial number at widget we note there of course we log it in by a serial number or any other numbers owner applied numbers or so forth that they come in but we don't actually grade them ourselves okay hey John council would you check your button for a second okay very good all right okay with no further debate please vote for izz unanimous motion passes 7e considering take action to grant a variance allowing malik chiropractic health clinic to hang a banner across FM 518 groups approval for discussion okay council McCombs was made motion to approve a second little bridge okay councilman jim nelson has seconded that motion and it is now open for debate councilman Samuelson mr. mayor I ask that that be pulled just because i think that the citizens need to know why we would consider approving a a banner across a public highway to private business okay and so Larry do we know what does the banner say it's right here just some time you tell me just by years women's I'm doing which my understanding was it was a 501 3c and it was for a nonprofit organization that no I'd in a woman's dead calculating so the banner ID it shows in the background that is for a non-profit event so I assume that it's not benefiting Justi just the business i guess but for the nonprofit event itself even though it's sponsored by there's private business tryna i would support that I just want to make sure that the citizens understand that why it is that we would allow the sponsor being a private health clinic to put a banner across 518 council come there i don't think councilman simpson brings up a good idea i think we really i mean the information that we have here is very vague I mean the way I read it appears that it's about 11 to receive but or a nonprofit organization I think we need probably some clarification with that motion i would like to amend that motion if it does benefit amount of profit organization that we pass it if it's just a private business are looking at the looking at the documentation here it shows that sponsored by the health clinic i want to make sure that we're going to advertising for businesses that's all the office yes local this has all benefits yup goes to their journey point so i would soon your survival one but let's just clarify that in my motion that if it is a final 13 c 4 nonprofit organization that we accreted well now are you talking obviously you're not talking about the chiropractic lunch no no sir i'm talking about the event itself the event the event is supposedly a 501 3c the sponsor is a private business i guess that's the best dilemma depends on the background clear that it's a non-profit event with all proceeds benefiting by your turning point so which assume that is you councilman councilwoman sanborn is the Mallik Arctic health clinic located only city I'm getting a nod from the audience but you give me yes I'm giving yes from the audience let me show well that is where the Gateway Community Church is a short phrase would and friends with oh it's in France with what it says on the application well the business is in friendswood the church is in clear lake okay yes yeah underneath say Phillip council wants a morir anything else or no I'm just I'm just pondering the businesses inference would and this is taking place in clear lake I question to that that about put in the Sun all right okay councilman Mike Barbara yeah I appreciate all the concerns away i'll just tell you the way I'm look at this it's Bay Area women's day and week City women are Bay Area women I mean stuff that makes you feel a little bit better about it i think it is a benefit to rid of this community and the turning point serves them as well right that that would be my understanding so otherwise I understand your points councilman kini yeah just real quickly to reiterate the previous comments they're turning point serves women and families inland that reside in league city as well as around the area and I think it so it's a great thing counseling tad Nelson are there any costs associated with putting us out who puts it out we just may deserve street department go hang them sonic oh no sir hard mr. emergency plumber was a park board how many times here do we put streamers across 518 are going there do we turn anything it is any 501 C and they just do it everything have an event we have a rolls on as what I'm asking well the rules are just that they have to submit and requested women do those days so from the city and then we go to tech stock and request the permit from a week we go to tech stop yes sir so I mean how much for that means that thank you minutes minutes of them and and we only get about four times a year this is the second one in the two months I've been area sir park ok it's does it's not a problem for you guys well okay great thank you councilman jim nelson yes well this is a good thing i do i just think that but i don't like the idea of somebody's chiropractic health clinic in another city and their telephone number underneath this banner because we have chiropractic clinics in our city and I think that's we shouldn't be advertised for somebody outside of our so if they take that advertisement well sponsored by how I can support it but I can't support it with that on there I'm sorry I i I'd love to support it but not with an advertisement for a clinic outside of our city councilman the cabinets what is the date again November for let's see how the vote goes is this might be an issue where we want to learn and perhaps address the situation differently in the future without sacrificing a really great cause you know what I do agree with both the Nelson brothers whatever that is but but I would hate to I would hate to penalize a good 501 3c because we didn't have any clear-cut rules and regs councilman Nelson and he could use this of the learning experience for the next time Thank You counsel makini well I guess the question is is what are we learning and I guess if either stamp or the mayor would like to bring forth some proposal for qualifications design a banner you know that sort of thing and I'm not sure exactly based upon our discussion the night exactly what you would bring forward but I know that you know we again this is something that we need a policy on and if everything in the in the process of bringing that forward I guess you need to probably email the the no votes tonight whoever votes no go ahead and bring that for by I'm going to vote for it but I still have concerns also because of the comments that were made maybe we can clarify mr. Keeney effect nina ricci I think mystery has some information there is a policy on minecraft these issues but vendors I think also what a suggestion would be to have our special committee Special Events Committee take a look at all these banners and they can set forth the policy to see if council agrees on it that way it goes to the Special Events Committee before it comes to council a bigger thank you it's not so much I think the policy is probably adequate it's just when you have a private sponsor to a non-profit event that's that's clearly what we're struggling with so probably needs to run through the special events or EDC or somebody like that if they've exhausted somebody with the credibility of EDC has exhausted all private sponsorships in league city that would be great but I have to hear that from somebody like EDC me councilman Samuelsson I apologize to you because you were next on the floor that's okay what's right I agree with pretty much everything that we've all said so far and I think that exactly the problem is is that we agree that this is a good cause but I don't think we agree that a private business should have its advertisement on there as well but especially a non-local one the banner as it stands as a top section says Bay Area women's day Gateway Community Church the address the date the time then below that at the bottom says sponsored by Malik chiropractic health care for health clinic and a phone number i would encourage the movement to agree that we can hang a banner to support the event but not necessarily the sponsor as i'm sure they will have many opportunities to advertise themselves at the event and if they've already purchased that banner i'm sure that that bottom section could be removed from it so those would be my comments i would support it if we were encouraging the event and supporting the event but not necessarily the for-profit commercial sponsor councilman jim nelson yes if mr. combs would amend his motion to say that the banner could be approved with what the sponsor taken off I could second that and all due respect mr. Nelson I think that the banner is probably purchased if we're looking at October the 30th for the event to start taking place here so i would say in the future yes but i think this is a good nonprofit organization we are to support it I don't like the advertisement on the bottom either but i think what kind of crunched for time right now I don't think that I'm going to change the motion whole new perspective on the date rollers Leslie okay councilman jim nelson has withdrawn his second son will go second okay Mike Barbour councilman barber stepped up with a second and then the motion is still to approve as is the coolest addition OS that's assuming that very woman's is a is a 501 3c or as long as it's a nonprofit organization benefiting a federal wintry see you sir all you clear on that I have clear so they'll need to be some determination made before the banner is hung if it proves that they're not then the banner doesn't go up absolutely Thursday okay [ __ ] you Larry [ __ ] Councilwoman Sanborn actually all right you want it first I just want the city attorney to clarify who Keith was considering the they on that with this application i think was processed by the worst parts i would probably be within their bailiwick to follow up on know who's they who's the day it's that you're going to confirm is a 503 c place we're going to start it's going to be with the applicant itself malik chiropractic to see if they'll produce the information because they're the one that they're proposing okay but we're speaking about Bay Area turning point right that's right okay in which which they are in our community block grant do we give any money to bury this very turning point get any money from our community Blackburn yes they are a recipient of CDBG funds ok so the city we've already that will some point in time I think twice we have determined that they are 501 C 3 the Bay Area when this turning point is about once we'd be happy to provide information to support that to the public works department okay so steps has documentation but they will provide that very turning point is in fact a 5 o-130 see so the motion on the floor is to approve by council and co-executive our councilman Mike Barbour and with no further debate please vote for izz councilman Barbara Collins John kini and Phyllis Sanborn oppose Councilman Jim Nelson Ted Nelson and Chris Emerson motion passes and now move to item 7 h considering take action on ordinance number 2006 dash 92 to designate the name egret bay boulevard on FM 270 as it extends from Clear Creek to FM 646 this is the second reading club I'll make a motion to approve this for discussion Councilman Jim Nelson's made a motion to approve for discussion second segment of our councilman combs this item is now open for debate councilman jim oh yes we want to do is designate this on the North and the South portion of us with 518 being the dividing line anything south of 518 would be a great day boulevard south and north of that would be agregame of our North instead of just bigger Bay Boulevard says death concurs with that mr. Nelson because there are some same number of addresses on both sides thank you me thank you sir thank you so it's to approve by Councilman Jim Nelson segment seconded by Councilman cones is a second reading no further debate on a few so please vote for unanimous motion passes that ends the consent agenda item number eight with for some staff members mystery is to actually achieve Daniel okay I'm very pleased to announce that the Fallen Heroes monuments been delivered and installed and I like to notify everyone of the dedication for that Monument the Saturday November the 11th at 10am that's veterans day and this monument honors nine league city residents who've given their lives in the service of our country since World War one and I would also like to ask the public's help in trying to find family members for one of those fallen heroes and his name is richard joseph thompson and he died at Pearl Harbor and I would like to very much like to hear from a family member of his as I've been unable to locate any and that is a Thompson with no he thank you okay any further staff report okay please item number eight item number nine old business 9a consider take action on renewing the annual mowing services and channel maintenance contract may I make a motion to approve this contract with a 4.7 percent increase that's like a councilman kini say the motion to approve this contract with a 4.7 percent increase and that was seconded by Councilman Jim Nelson it's now with the debate hearing none please vote four is unanimous motion passes 9d consider take action on renewing the annual streets sidewalk and storm water drainage facilities repair contract mayor make a motion to approve councilman kinis made a motion to approve circuit Councilman Jim Nelson a second to that motion is now for debate hearing none please vote with american plate sorry okay counseling Jim Nelson expectedly the pervert you have a figure estimated figure that this is going to cost the city over the period of the year 264 165 it's a two-part contract one of its bulk one is imminent repairs did we have any money left over from last year we're using that right now is technically you need further questions hearing none please vote motion is to a prudent for is unanimous motion passes now move to item numbers 9c consider take axle enormous number 2006 dash 25 amending ordinance number 200 369 amending chapter 90 of the lead city code of ordinances by adding section 90 dash 1616 under temporary political science secondary Miriam to deny second council councilman Samuelson's made the motion to deny seconded by Councilman tad Nelson this item is now open for debate councilman Ted Nelson the same breed are not for the suspect it's very pretty plate right now with two weeks to go before the November election there's political signs everywhere heck I've had political signs put out but we could at least save city property from this nonsense it just it just walked everywhere people want to put that in front yards that's fun they shouldn't be able to put that on city property okay councilman chris dammit i agree with mr. Nelson which is why I voted against this last time I think that the one place people should be safe from having to be subjected to campaign signs and campaign materials is on city property i think it's an inappropriate place to display campaign materials and I think that we should vote this ordinance down Thank You councilman Tom again i'm in favor for the simple fact that this is only for election day I think notifying the people who is running for far as an important thing you know we just recently changed from voting at schools to city facilities in city city owned facilities if we had a strong commitment not to vote or have the people being political at city facilities we shouldn't have allowed our facilities be polling places I think it informs the public it simply allowing them to put them on the city property instead of in the right of ways like you see at the fire station number four on Barry Boulevard to me it makes sense only on Election Day and that's why we drafted the ordinance to just say only on Election Day not any other time councilman Sanderson again I think it's just the one place that our citizens are you safe from having to be barrage with campaign materials and campaign signs you walk into city property it should be a safe nonpartisan non-political place to exercise your right to vote campaign signs and propaganda have absolutely no place whatsoever on city property councilman kana and again due respect this has nothing to do with the propaganda or the brochures handed out at the city polling places is only the the political signs to notify the public who's running for office councilman keen I guess my question is of the city attorney is have you reviewed this ordinance changes yes I and do they does it in any way conflict with state ordinance regarding handing out posting signs or anything no sir out of state law electioneering is prohibited with any hundred foot distance from the entrance to the polling location and that way which is actually included in the language here so it's really just doing the same that we've done every year except now that we've changed the polling places two more for city property were just continuing what we've done in the past with on school property well right what you're doing is creating an exception to the existing ordinance which prohibits the pipe in a campaign but here on election signs and city property captain Ken Nelson I just wanted to bring forward that we do have a hundred foot marker line and anything beyond that should be available for use by political signs of the candidates that are running it Thank You the motion on the floor is currently by Councilman Samuelson pardon me to deny and is seconded by Councilman tad Nelson so with no further debate please vote I'm sorry through the queue please vote again keep going till we get 90 k 4 i'm sorry opposed his councilman Tommy comes John kini Jim Nelson and Phyllis Sanborn four counts from my barber Ted Nelson and Chris Sanderson's fair make motion to approve this ordinance ok councilman Combs has made motion to approve seconded by Councilman Jim Nelson any further debate on this issue hearing none please vote motion to approve counseling barber combs Keaney Jim Nelson and Phyllis anvil and toes councilman Ted Nelson and Councilman Samuelson motion passes item number 90 consider and take action on reinstating funding for all meals for boards and commissions meetings which were funded prior to approval of the fiscal year two thousand seven budget glued to a proof councilman jim nelson has made a motion to approve a circuit seconded by Councilman cones and the idea is open for debate councillor kini i took longer for be also it was always taken out of previous fiscal year yet prior to the previous year district so it was never in the budget Bell sir it was not in last year's budget okay but there were you know their source I think seven or eight volunteers have served on that board and it's always during the dinner hour and appreciated mr. Nelson would add that back in as well yes sir okay so motions to approve then I'm in my ok well the Russian to include for beat cancer council Macomb second second did that okay and Councilman Jim Nelson with that death may I know but you're on the kid is long story okay I was going to mention for the hook it up take himself off the queue problem okay with no further debate the motion is to approve adding back to Mills for the boards and commissions members and adding 4v with no further debate please vote for is unanimous motion passes with Councilman sandals on out of the room Mary point of order don't stab would like some recommendations on funding also that was completely cut from all the committee's budget where I'm getting a look maybe I should find it yeah how about yeah how about we immediately ello staff level tomorrow and we'll make a recommendation of the council let them know what our recommendation isn't where we're going to get that money sure okay thanks three million dollars worth of reserves item number ninety consider take action on amendments to chapter 78 of the quarter-boat code of ordinances of the city of League City and titled peddlers and solicitors boo boo Councilman Jim Nelson's made a motion to approve a second Councilwoman Phyllis Sanborn a second to that motion is now open for debate Councilman Jim Nelson yes mayor as long as this just excludes the newspaper situation that we had some while ago we did have a peddlers and solicitors ordinance many for many years prohibiting solicitors coming around soliciting things at people's doors in the various subdivisions and in the streets of the city however after we did away with the ordinance when we had the problem with the newspapers one of the subdivisions have been inundated with these peddlers so I heartily recommend that we approve this council McCallum thank you mayor mmm it was my understanding when we took this out of the city or just conflict with the city ordinance I guess my question would be to mr pongco this is the original Turner against the original city ordinance that we had back in 2004 do you see any conflict now today with the capital city ordinance right to clarify what I've handed out is a copy of what existed on the books before the revealed section 78 39 still exists so everything was repealed except for section 70 39 which had to do with the sales in the roadway do you foresee any any areas that we need strengthen well the ordinance to add if anybody I do if anything I guess we need simply solidify and make clear that what was intended in the ordinance was that this was limited to commercial activities I was I'm confident that it already hasn't language in there and that it's restricted only to personal activities but we could certainly bolster it the other issue that you have to understand is that the case with the Chronicle is still pending and where it's actually set for oral argument and Fifth Circuit sometime of december before we do anything before we adopt the ordinance that brings back any provisions of this ordinance my recommendation is going to be that I scheduled a meeting with judge Kent who still has jurisdiction over the case to inform him as a courtesy that what we're doing is in no way shape or form intended to go around his injunctive order and I would certainly welcome the attorneys for the chronic lift the Daily News to be there to do that should we not maybe postpone this item since we're passing an action item tonight well you're not and bring them back to us I prada I think what we were looking for from the staff will particularly for my office was direction from the council as to how broad how much of this they wanted to bring back whether they wanted it to be simply limited to the hours in which solicitation could occur or did you want to go back in and put in provisions that require applications for permits bonds background checks and so forth so we got tonight's discussion or tonight's agenda items really to get some feedback from the council as to what direction you wanted to go and then we would bring an ordinance back for your consideration but what we're passing tonight is we're checking an action item of amending chapter 78 of the coordinates with this current ordinance that does not have all all of your suggestions that's my point I'm I said we agreed that we need to make it strict that we need to make take a look at the entire ordinance but I would hate to make a first approval tonight and make several changes on the second one well what you don't have any specific legislation in front of you time to pass once again this was just something what is this that Mississippi as an information and purpose just it just shows you had currently ranked Frank we're not letting each other's by port we're not trying to no sir reinstate this is Lord and censor ignored especially okay then then let me clarify exactly what councilman jim Nelson's motion has well I'd like to adopt this this article so should should you have possibly amends your motion to say that you give the city attorney you know confidence to continue working on it yes so we're all clear yes okay little bit and Councilman Sanborn are you going to maintain your second or I'm going to maintain one second but I request okay I'm not up till right and what ahead yeah council councilman Sanderson's next I'll have the same word go ahead of me seduce him okay it's right man well this has been a repeal correct all but section 78 39 that's right I don't know if we should do this tonight or if we should wait in workshop it we do have a workshop coming up or a couple of over the next couple weeks I would certainly go with the recommendation of our attorney but there are parts of this I don't mind a scout coming to my door I don't mind a little leaguer come to my door I don't need anybody knock on my door and try to change my religion I know just where I'm at with my religion I don't need people coming out of Houston being dropped off by the van loads coming through my neighborhood knocking on my doors and I don't need people trying to get better changed my electricity over and other things like that and I think that that is what we are trying to prevent is solicitors of that nature and and we're not trying to prevent anything that involves children and youth I don't think that's the spirit of the ordinance and I think I would support that tonight I'm I'm waiting on the appeal is to come back on the newspaper solicitors in the at 45 and 518 I'll tell you why when I was going to get hit one of these days down there because they are out of control running a cars there thank you okay this is officially a workshop item now we'll continue to run down the cube at the motion by Councilman Jim Nelson is to approve the city attorney to continue to work on it and in that that will be we will also workshop it so we can hammer it out after oral has a final product and I assume you probably go ahead and speak to judge can and then bring something back to absolute great councilman kini well I'm not sure if we can stop anybody from coming in wanting to change our religion or or that that sort of thing but we certainly don't need the barrage of people that we have running through the neighborhoods knocking on doors of my direction to the city attorney would be that I want this to be as tough as possible to prevent commercial solicitation in the city of League City there's plenty of ways that contact can be made with potential customers in the city of League City and that's even even by joining the chamber and attending chamber events and whatever it is there's all kinds of ways that we can that commercial vendors can make a contact either through mail or some other type and I'm sure that there's plenty of or do you think you feel that there's sufficient case law that you can review and and toughen this up more than what it currently is the principal case is a 2002 US Supreme Court case called Watchtower Bible which basically said that as long as you're limiting your permitting application process to those engage in commercial activities you're fine so you're saying that if someone comes and they're not in a commercial activity that can we still put ours now that was the other issue that was addressed by the court in that was that whatever restrictions you place on the time periods in which they're permitted to do it they have to be quote unquote reasonable and what I what I gathered from the case was that you need to coincide with dusk you need to allow a certain period of time within which they can engage in their activity after normal business hours but before the Sun is actually going down its past darkness so there is a there's not a real heart and find test that the court laid out but reading between the lines if you can structure it so that it's it's at parallels you know certain meteorological benchmarks and I think you're fine okay and what about the background checks that makes me nervous when you start implementing that that wasn't a part of the case there are cases that do talk about that being a part of your application process once again if you're really restricting it only to commercial activities you're probably ok but I would really want to look very closely including that in your in your word is ok what about does the company get the permit and then let's let's just I'm not going to let's say a company wants to solicit door-to-door and they'll come to the city and if we make it so that they'll have to request some kind of comment on that permit I'm not sure if you're uncomfortable with the background checks if you think we can get that through but what about at least listing the name of people that will be doing the solicitation on that program well I agree with that because any framework that you bring back in any permits that you issue and any identification cards need to be tied to a specific individual so that because though there will be some identification car they had to be identification card issue and that was part of his organism and that cost can be charged to the vendor of themselves yes okay that's the kind of direction that I'd like you to go personally councilman Sanderson you know two meetings ago I mentioned to all the citizens that I intended to try and help push through some type of restrictions ordinance dealing with the door to door solicitation little did I know that there were others that were heading at the time by chris reed bottom line the people who are out there door to door knocking on doors trying to raise money not for non-profit reasons or Cub Scouts or spat you know after-school sports but people who are trying to sell you you know art and you name it they know that we don't have an ordinance restricting door-to-door solicitation right now and I could tell you that I don't necessarily know about all the neighborhoods in league city but in my neighborhood we've had her an amazing spike in the door to door solicitations and I happen to be the HOA president my neighborhood and I get calls at least once a month from some nervous housewife or somebody saying there's this person that doesn't belong in our neighborhood knocking door-to-door and they were rude and they were aggressive and they scared me and will call the police and you know the problem is is that when you call the police the police can't do anything because we don't have an ordinance on the books right now and I know that chief Daniels and some of the officers from the pd have come to me personally and said please give us the authority to do something about these people and I agree with mr. Polanco that when we start saying if you want to sell door-to-door you got to fill out a permit an application and you got to get a badge an ID that we're just asking for trouble and ask him for litigation but we can impose reasonable restrictions on people going door to door what our can you start in the morning what our can you stop at night you know there are things that we can do to protect our citizens but one thing that I do point out to all of y'all who live in our city is if you live in a homeowner's association in an HOA you can make those restrictions yourself as an HOA and you could say this HOA this neighborhood that I live in we don't allow door-to-door solicitation and you can pay some money and post some signs at the entrance and the exit to your neighborhood and if people come knock on your door and try to sell you things and you don't want them there you can call the police and you can complain that these people are trespassing so don't wait for the City Council take action in your own local community your own Association your own neighborhood and determined for yourselves what you think is acceptable and not acceptable but know that beyond that your City Council is working to try and place some restrictions back on the books for our general overall community but don't wait if you have an HOA board meeting come up past your own restrictions and you can call the police and if you have an order you know if you have a restriction on the books you can let the police department know and they will come out and they will assist you that's a help from Ted Nelson and mayor what I'd like to see if we could have workshop this to about 30 or 45 minutes before one of the other workshops so all seven of us they kind of remark or directed rather than chasing one or two directors from different people and let's see what all seven others things everything excellent and i would say in the meantime prior to us setting it because we do have a pretty good log of the workshops feel free to email mr. Blanco at any time with your suggestions on this and he can bring you know product to the workshop it's now almost complete council makini well the only reason I brought this back was you know we can wait until we workshop it I'm not sure when that's going to happen but then I also you know just a second ago I believe to see attorney said that we could require badges but then I hear another council person speaking saying I know that the city attorney has concerns about that so mr. City Attorney do do does the city have the ability to enforce and uphold ordinances that we require issuance of solicitation permits for commercial activities and my answer is going to be a conditional yes and the reason I say conditional is becoming things conditional at some level I guess your current because the Supreme Court case is not a direct not directly address that facet of the ordinance that was not a component of the ordinance that was under attack in that case and so I can't say the Supreme Court either like it or dislike it there are other cases that talk about it which is why I'm saying I agree that we have the police power to do it I just want to make sure that there is it is supported by case law oh I agree one hundred percent I you know my final comment is that I don't want the city to enact any legislation that it can't with that can't uphold judicial challenge and and I would hope that there's plenty of case law on that either federal or state for the state okay with no further debate on the cue the motion is to consider is to approve it to continue to work for Arnold to continue to work on it and bring back to work supper the summation very good with no further debate let's please vote to vote it to bring it back to work shop so we can finalize it and then ratified fours unanimous motion passes we now move to item 10 a new business considering take action on possible reimbursement of a fortune of compression calls for utility extension along clear creek avenue Vera so moved County Council makini has made the motion to approve seconded by Councilman Jim Nelson this item is now open for debate councilman councilman Guinea I'd also like to see that the city attorney given that the code appears to give the city the option to correct this deficiency so we don't have to take care of this each time it comes up i like the city attorney to approve that and i'm assuming that given that the fact that it would take a public hearing it would have to come back before council to set that public hearing that's correct okay thank you with no further any further debate we are leading some clarification I guess by mr. Keeney the motion or actually the agenda item that was prepared was to either authorize a direct reimbursement to the to the property owner or alternatively to pursue the public hearings and notices that they detect place before you can assess a property owner so I guess for the record we need some clarification well of course I'm making the reimbursement to the property owner sure acha kiya requesting authorization to reimburse the operator now correct okay okay and Jim Nelson you yeah okay and set it okay with no further is there any further debate hearing none please vote for gene animus motion passes item number 11 a considering that action on an ordinance of ending ordinance number 200 524 to rezone approximately ten point four acres z 06 18 Randall's request number two from neighborhood commercial to mix use commercial legally described as a portion of the john dickinson lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 emotions are a second Councilwoman Sanborn has made the motion to approved in the second by Councilman Samuelson this motion is now open for debate councilman barber I just wanted to stay for the record I had we first saw the request to change something from neighborhood commercial originally for general commercial and then subsequently for mixed-use commercial being given its location I was never really in favor of that because I feel like that's a good land use we had it right however in meeting with the applicants looking at their plans and understanding the PMZ would use great care to make sure that most the concerns brought up by the community about what eventually go here will not happen and you know I feel like everything has been addressed even though there are things with in the commercial mixed-use that can happen I have sufficient feeling to believe they will not and so I will be supporting this tonight but I do ask marion and especially if others feel the same way to discuss what's the p + z we can't stipulate anything but we have a strong belief that there should never be anything such as a multilevel hotel which would be it's allowed in the land use of CM things like that and I know they don't have a lot of clarity what else what all would go there but I ask that you pass that along I think they would probably have that feeling even without our stating so up here but so and the other thing is also maybe with property owners the of another concern that came up from the community had to do with the establishment of bars that would be alone and it is my understanding that for for an establishment such as a sports bar those kind of things were greater than half their revenues are derived from the sale of alcohol and on-site premise consumption that they would not be allowed due to the buffer required by law to the school and I have a nod from Mary chambers and I think our city attorney is unless he corrects me that is my assumption so some of those things that the neighborhood is justifiably concerned about cannot happen so this would not affect that so I think pretty much we have a good plan on going forward and all the people who came forward previously I think your concerns are heard and I think we won't we won't have any of those problems surface as a result of this proposal zoning change Thank You Councilman Jim now sir yes we had originally approved this and told disapprove this rather and told the owners to go back and bring it forward as a commercial mixed-use and so they did and then objections came up and not even brought on the table last council meeting I really believe that this is good for our city it's going to bring commercial vendors in velocity on that on that particular property and I think everyone should at least give a good [ __ ] to approve councillor firsthand I think that the reason why this failed on the first go around had to do with an incomplete presentation I know that most of us up here since the last meeting have had the opportunity to meet with the applicants and I would like to invite the applicants up here to address issues right now that have to do with buffer zones and providing adequate space between the landing neighborhood and the commercial development on a 518 mr. nagger am I saying that correctly close enough you it took the time to come to my office and visit with me and show you your drawings and your plans and I would just ask that you give us a brief summary of the that includes information we didn't have available to us last time about the amount of land that you're actually seeking to develop versus the entire size of the track that's there I apologize in advance if I don't use this correctly but it I plead us Wow you may I guess the one concern that came up was there was a misconception first of all that this was going to be a 10-acre gas station this is not a state your name for the record is Rob nagar okay thank you around where we were proposing fuel station to be would be on the corner and that occupies approximately 68 70 thousand square feet so just roughly about an acre lilburn eight acre and a half of the 10-acre site we have been in discussions with another single tenant retailer that would building next door small multi-tenant building of about 50 200 square feet and we have we're not sure what we would do with the remaining that we've had some discussions with different people and the remaining portion of the site and i think the other misconception was that our site was immediately adjacent to the neighborhood behind us in fact there's a vacant four acre parcel behind us that is as an additional buffer between the back to the back of our site and the neighborhood proper I think that was that was some of the concerns that were brought up last time if I'm missing anything I encouraging but it remind me so when you look at the intersection there of a landing Boulevard and 518 that you're seeking to build a gas station there on the south side of 518 on the east side of landing Boulevard correct correct and directly across landing Boulevard on the west side is an existing fuel station correct and across 518 on the north side but the east side of landing isn't is a third fuel station as well correct okay so and then on the the remaining corners of CVS pharmacy so your proposal would add a third filling station to that intersection correct so it's not necessarily inconsistent with the uses that are already there now moving east of the fuel station closer to the school you've got letters of intent for some other customers or purchasers to to develop that land and none of those uses are things that have been voiced to us as being concerns earlier about you know a sale of alcohol or sale of firearms or anything like that in fact they know one you couldn't develop that land for those with that proximity to the elementary school we could not do a bar as mr Barber mentioned previously that's sold more than 51 percent of their sales were derived from from alcohol so we could do a restaurant such as a chilling that has a bar inside because they derive more than 51 percent of their revenues from from this from sell food so yes you could have a Chili's restaurant or a fridays restaurant that has a bar inside that they they are primarily a food establishment but you're restricted in what you can do with that property because of the fact that there's an elementary school directly across the images we are so we can only have certain types of businesses go in there correct now when I visit with you the tract of land directly behind what you've got under contract along 518 you've got a sketch there for a potential church that you you've had some conversation we've has a church nothing firm I mean we've had we've had inquiries for from one or two church facilities we just don't know at this time what would be developed we wish we knew one hundred percent but we just we don't know at this point okay and then to be clear behind that the drawing Apple directly behind the church is a four acres bacon track there's another four acres that you don't own it i don't have undergone on track don't have it don't have any desire to purchase okay all right Thank You councilman barber just one more question thank you for staying up there um how we talked about I know this process of strike down considerably for you and I know that your this is time sensitive stuff are you aware though I didn't get a chance to discuss this with you this being the first reading of the ordinance so unless the council did a first and final tonight this would still have to come up and are next regularly scheduled meeting is that acceptable to you or are you a it could possibly it could potentially I don't know that i'll have the additional time if there's any way to do the first to file that that would be the way we would prefer to go okay um with that said I would hope that anybody would be hesitant to do so would take their opportunity now otherwise i mean if i don't hear any i will make a motion that we considered you to do it on first and final I have one more personal like you councilman the Sanborn are you prepared to change that yeah I believe that this has been going on since june the tent is what I over it with the original council many more counts as yes but the process itself start right mushroom right much sooner than that but we council voted on initially on jun the tent and asked you to go from neighborhood commercial to commercial years Creek I would amend my motion ok councilman councilwoman Sanborn is going to a mentor motion well actually there's two motions now you'll make the motion to reduce to pass this on first and final yes sir and so again seconded by Councilman barber so now it is now open for debate on whether or not to pass this on first and final councilman kini I guess since I didn't have any opportunity to know we will come back to you you're still on being in it I'm trying to figure out what's the necessity for doing this on first and final is it is it just because we don't have you know the last time that we were here you know we had a citizen that got up there and threatened that he would make sure that none of us got reelected if we did this one if we went ahead and voted this through and and then there wasn't even a motion made to either deny or approve and and I certainly have you know what I wanted to see was exactly what this a sight drawing is what I wanted to see I hadn't seen it yet and so I'm still just trying to figure out if we're going to do this on first and final why why do we need to do it on first and final I've just been passed a note that says issue is financing by the applicant they are out of time we are out of time okay well I spoke with you and I speak with you this was it last week unless there's last Thursday and at that point in time you made no mention not one mention throughout that whole thing of a dis need to do this because on first and final that there were problems with financing well part of my my not knowing the process will probably long enough that there would be a no I didn't know there was a first reading in the second reading and I don't think it ever came out this to a timing and one of my other discussions with some people you know can we change this and come back in two weeks and we don't have that time to do that any longer we have to make our deal and move forward with with a big we're purchasing the property from they are not going to allow us it's been nine months at this point that we've had this property under contract and they are not going to allow us any more time to proceed forward I mean he didn't I think the one of the gentleman that I met with was from the owners rep it was Arsenal's purchase purchasers at the property yes okay and when's our next meeting I think it november 28 I don't have in front of me's November of our quarry November 14 to thank you and so you're saying that if that you will lose all your financing and you this will not be a go there's a very good chance the seller will not allow us that extension I think this I think the sellers having a tough time getting piece rid of this piece of property because it is it's a it's a it's a tough piece of property to develop it I appreciate you coming in and in working and coming up with something that can't fit on there and coming up with the layout because it is very tough commercial neighborhood for this property would have been almost impossible I mean what do you do you you know you can't fit ten dry cleaners on this this piece of property so you know I'm saying I really appreciate you coming in and your continued effort I'm just saying that you know that the reason that the city has those types of processes is to ensure that we're not making fast decisions and based upon what's going on tonight or the last night time that we met after Thank You American councilman Barbara I actually agree with pretty much everything you just said and I actually that I have some some reservations about it the only reason I'm willing to do that tonight on first and final is because or the reason it's taken so long in the council and as you just mentioned you know it did penalty be brought up for discussion two weeks ago otherwise I don't think we ought to anybody to worry about their timelines and problems unless they're doing something we've asked them to do that's not the case here but we have delayed this ourselves and that's the only reason I would even consider doing it that way but otherwise I agree with everything you said okay the motion on the floor is through prove this on first and final by council woman Sanborn seconded by Councilman Samuelson and those are very too difficult names to get out correctly I service mr. barber oh you're right that was the original motion Sanborn made the first and Councilman barber made the second think your honor okay well I knew you where you're standing right there now this vote is to is to approve to the vote on first or finals so please vote for izz councilman barber cones Jim Nelson Ted Nelson chris henderson and phyllis am going to pose councilman john keaney have to have six of seven for first and final solution passes the motion back on the floor was a councilman councilwoman Sanborn seconded by Councilman Samuelson and at the time we left the queue councilman kini was on the cues so council makini was you dr. forward um yes murder I've just got a couple of questions or comments made that pn z was going to be able to determine the nature of the development you know no hotels is there do they have that authority to do when they're looking at the unified plan they're looking for compatible land uses so in essence yes they do because they are looking for compatibility with the existing land use as to what is going on on that site okay and when I talked to the city attorney about a site plan is that that's different than the unified plan it's one in the same the ordinance just refers to it as a unified plan but we would be looking for the site plan which is the same that the applicant would be bringing forward to TRC once he gets the blessings of the Planning and Zoning Commission okay because at that time i was informed by the city attorney that a site plan did not have to go through pansy only in the CM zoning district this is the only zoning district where else what we were talking about is great it's only in the CN zoning district well that's what I'll guess I guess so okay so in this cm zoning a unified plan does come before piensa yes sir it does all right thank you okay well inspire me with the motion on the floors to approve and with no further debate please vote for izz unanimous motion passes 11b consider take action on an ordinance amending ordinance number 2005 dash 24 for a special use permit on approximately ten point four acres for gas and server station in commercial mixed use zoning legally described as a portion of the John Dickinson League survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being and the 2600 block of FM 518 Eric I make a motion to approve conditional upon a approval of a unified site plan by p + Z and and then I'll discuss why I'm making that motion just a minute second from discussion councilman kinis made a motion to approve pending approval of us of a site plan that p and z is signed off on and camp executive our councilman cones it's now for debate council makini we've got its kind of this is kind of like which comes first the chicken or the egg and this is kind of a tough situation because what happens is is because of this special use permit we're saying it's okay to put a gas station in there but the problem is is they can't really put a gas station in there without also planning out the rest of the unified plan and so that's again in my discussions with the city attorney I'm not sure exactly how this is going to actually make its way through the staff see any problems with them no sir we typically seen unified plans are to develop in phases but the time the applicant breezes unified plan to pee and z he should have some idea in mind of the exact layout of certain issues especially what he's going to build first met her face just one other thing I'd like to mention is that easy did put one other stipulation on the on the su p if you would include that in your motion we would appreciate that oh yeah consider amended it concerned the the landscaping of the trees in the area oh I get it Kaplan tinea are you many of your motion yes I'm ending emotion and counsel comes will you maintain get a deeper and i guess i'm going to ask mr. Nager neg air neg are llegar mr. neg or is that is that workable with you with the way the motions maybe and that was regarding SCP SCP is contingent upon that unify planet and again if that means i can create in phases i and i know that the front phase is one or two phases and then the rears is has some flexibility i believe that would be acceptable yes as long as i have some flexibility with the back if that's what I'm understanding and we will be looking for compatibility of lame uses as we look at those phases okay correct so thank you rob one second councilman Barbara actually I wish I'd asked this question earlier same same thing does this one also you know is there any timeline on this now that we've already approved the zoning because this is a first reading as well now this is a victory yeah the S EP is vital to our development as well I mean we need we need to both combined we can't do one without the other it's it's a they're tied together yes thank you okay so that means somebody's okay at this time as mayor I'd like to go ahead and make a motion that we before we take this what we consider it on first and final okay and this is now open for debate no debate please vote for councilman Barbara cones Jim Nelson Ted Nelson Chris Henderson Phyllis Sanborn yes to tad Milton and opposed as councilman john keane I'm sorry yeah 60 passes and that was to consider it on first and final we are back to the item itself which has been the motional force by council makini to approve I guess I have a point of order mayor yes sir um Arnold it was already emotional the four and then I know that there is an order in which motions must be taken like if I have a point of order as you can see that kind of stops everything I get our point of clarification what if there's a motion on the floor can someone come up I mean is Robert's Rules of Order is that allow this another motion to come out the way i will answer is to say it's a bit unorthodox however because the first and final motion is a companion to the motion on the floor that i don't see an egregious violation of Robert's Rules of Order in taking that in the midst of the base motion which is your mother leave on these conditions i don't see a NLC a major source of bitter orthodox a bit unorthodox slightly a grievous what was the word that you philanthropic slightly egregious agreed just slightly egregious but you're you're going to go ahead and let it slide I wonder says it's legal yeah this is my fault and as a general principle the past 18 months when when that need arises i have shown all seven council people no matter who they are the same courtesy so i'll continue to do that thank you but good question counselor the Pope emotional floor is council makini to to approve pending a pn z signed off plan and some issues with landscaping is that correct let's certainly close enough where okay and second year by Councilman comes okay any further debate on this issue none please vote Jim you get it in there very good for is unanimous motion passes item number 12 table items subject to recall there are none item 13 council members reports you've already got it item 14 counts of Mayor the comments from the mayor I would just like to say that staff handed this to me this is the award that our planning department received in Corpus Christi last week I would like to thank our entire planning department who attended as did chris reeve and myself and i think dell hardy who i saw here earlier attended Jack Carter your Shack there Kerry Gilbert okay and I think Doug Frasier from our economic development also and gary davis from socially there so get like yeah very like a cake for work we just want to say thank you on behalf of the council and to the three developers in the southwest region and of course the citizens of League City for supporting that effort and of course this award belongs to the citizens of League City it is their comprehensive plan and their vision Thank You Marion for those of you that don't know exactly this award was giving for and this is something that that I had told him in Corpus on friday for a collaborative effort and that is a key word here in league city it was a collaborative effort between the elected officials the city staff and our development community and it took a long time it took a lot of man-hours but for that effort our city staff was recognized by the state organization and I'm telling you we were there the ballroom was huge like South Shore over we there were ever every city in the state was represented and we stood out and above and I was just I just couldn't be prouder for that I'll touch on the wine festival that's about it we will that will conclude mayor's remarks item 15 items added after electronic agenda item number a consider and possibly take action regarding the city matters bimonthly newsletter I would like to make a motion to consider the discussion in regards to the city matters newsletter well council McCombs would like to discuss the city matters by month of newspaper and it is seconded by Councilman Jim Nelson it's now open for debate councilman home yes thank you Mary you know i received several calls of this newsletter that went out guess this month i received it on 10 16 / 6 and it was for july to august on city city newsletter i was also very alarmed about some of the items that we had in there in some of the dates that we passed I would hope in the future that we either a not sent out the city newsletter if we're that far behind on the on the news to the city I think our city budget is about 80,000 on this but one thing that really alarmed me after I looked at it mayor and I would like to bring open and if it may approach the bench to replace it only overhead if there's absolutely a good day again as you notice up from the left side it says quotes from City Council we have five out of seven council members that have a quote there I was somewhat alarmed that two council members myself and Councilman Jim Nelson were never notified or asked to have a comment in the city newsletter not only is it illegal to have a council comment in the city newsletter we passed back in October Day 2002 which I'll put that on the overhead also I think each council member has the copy of it right here it states on the very back under the city matters proposed guidelines that no written submissions from City Council members would be allowable to be placed in the city matters and if you remember back in two thousand two most of you made that we had a lot of trouble with certain city council members place in articles in the city matter it became a political newspaper instead of a informative newspaper for the city after further review trying to find out why we have five out of seven council members that were placed into the city matters i found out and received some emails that only people that supported mr. Reed as the interim city administrator had a chance to comment mayor I would like to hear from you tonight also on this I think it's it's a bad precedence to start when you start allowing certain council members to make comments and not allowing all council members if we're going to allow a council member to make a comment in city matters I would appreciate that you show no favoritism and that you allow all council members to make a comment and I certainly would like to hear that from you tonight Thank You Councilman Jim Nelson yes sir i also have problems with that and I did have reservations about mr. Reed but I have known mr. Reed for a long time and I know he's a an honorable man and I think he would probably try to do the best possible job he can but at the time and I've changed some of my ideas about this but at the time I wasn't sure if he could handle the complete job description and that's not a derogatory statement since then I've seen him do some things and I'm very glad to see him move forward and learn things about this particular job and I think he said he's going to be a good interim but at the same time I think we need to move forward with a they going out and finding a city administrator to be permanent for them the city of league city that said but one other thing I want to address i have also my copy this is the july august two thousand six issue and i received it on 10 1306 this newspaper originally was started by the water department city of link city many years ago and it went from of the water department newsletter to what it is now it was put out primarily to get information out to our citizens information of things going on in our city if we are going to allow have talked to mr. read about this and he's been very helpful on this on mr. Reed very much but if we are going to allow a newsletter to ever go out like this again i would really submit that we do away with the newsletter it's not worth putting out if we can't get it out on time we need to get this out in the first week of the two-month period not after or at the end of the two month period and I'd say I've received a lot of them over the years that have been late almost at the end of the period so we've always had problems getting this out we've got to stop that we've got to make sure our our people get this newsletter on time and because there's a lot of time-sensitive information in here all i have to say sir Thank You councilman Ted Nelson may I have three three quick comments number one I think we could all agree that the city matters should become out a little bit more timely I mean it was very very late this time I think we've put the wheels in motion to make sure that doesn't ever happen again so mission accomplished there the next thing I want to talk about it is the questions about the material that actually was in the city matters that was published clearly as a city newsletter or City newspaper whatever you want to call it flyer whatever it should try to remain positive and when you have seven members of a council that both for an interim city administrator I am thankful we just quoted the five positive ones idea does anybody in their right mind I think that we should have quoted the two people that had negative comments that didn't want him to get voted in I mean that's insane I don't finish he's got two more words I stated that I council have waves they understand I'm just be swaying and I did I tell you support somebody with a vote that is an SMS text acid- statement if I could finish the third thing I want to break up is mr. Cohen's brings back a a matter from the proposal on guidelines back from August thirteenth of 02 well mr. Cohen that says no written submissions a written submission is running person write something out and ask them to put it in the paper when whoever writes the paper takes a quote from an open session they've got a written submission so nothing was violated it was done properly and we had better stuff to do with our time thank you come from kini oh man um gee whiz where do I begin Arnold that's a great picture of you up there and congratulations on your certification I think it's very important and actually these I guess only I'll start from the beginning the city newsletter should be positive it should tell about the good things that are occurring in our city it's not a propaganda device to be thrown out of airplanes hoping people read it and agree with whatever set in there these comments were not necessarily said in open session I received an email saying how about this comment from you and I said no I don't think I can agree with that comment but you know here's a comment so it wasn't an open session I also at that point time had no idea that certain council people were not going to be allowed to voice their comments in the newsletter I think that this is a divisive piece of propaganda that divides this council and does not bring this council together now but I guess since we brought up the issue and of City matters I think we all saw probably a city matters earlier in the year that had about eight statements that said promise made promise kept that was clearly a propaganda it was it was that was not necessarily written in such a manner to provide the community information it was written in a manner to make sure that it was known that certain campaign promises were being an attempt an attempt to try to convince the public that campaign promises made were being whether I think we're outside I'm sorry what's the agenda item the trunk mr pongco banana talk about promises made promises kept you Larry yeah let's keep it too I'm sorry is that the point of order and I like up an opinion from the city attorney that's who we direct points of order to to answer your question which bikini it does say consider and possibly take action regarding these city matters my monthly newsletter okay so that leaves it pretty well open to discuss the city matters bimonthly newsletter I don't disagree with that we need to say focused our in on point okay and the point is is that the Conte as well as the timing and the content those things need to be addressed in the city matters newsletter not personal agendas that weird that any elected official is trying to have up here it should be general information mayor I have no problem putting a statement in there I appreciate that I think that can be informative without being propaganda I relinquishing the floor Councilwoman Sanborn well i got my on 10 14 so we each god i was on a different day and i want to make sure everybody that emailed me because i got lots of emails two is that I've chops the mirror and I've talked to mr. Reid and I don't think you'll ever see the city put out another newsletter that is not current in up today we didn't have a city matters for the months of may and june why you know I don't know we won't go into that as 21 but we didn't have one so in all actuality you haven't had one in four months but we will have a current up today city matters and I believe it's going to be December I to think it ought to be informative I don't think it should ever be I did this I i would go so who the iea's it is about what matters in the city what's going on in the city to keep you informed of all the departments in the city they should be submitting information to the actor of this and we all ought to enjoy reading it when it comes to the house I know for years when it came I said read it and it is informative but it never ever should be a political tool for any of us that are up here thanks man Thank You counsel learning the columns again I would just like to express to the citizens out there again what mr. Nevins thing that I had a negative negative statement in fact I had no statement at all I was not given the opportunity to have a statement in fact mr. Reid is a good personal friend of mine I would probably have a very positive statement about press even though I was against the issue that doesn't mean that I'm going to sit there and slammed up mr. Reid in the city matters i had more professionalism than that but the point is that i was not or jim nelson who voted in favor of mr. Reid I think at the very end never had the opportunity to make a statement and my point is is if we allow this to happen now it's going to continue there is a proposed guidelines that was passed by the previous council on a 13 of o2 in that guideline states that no written submissions from City Council members or allowed simple as that doesn't matter if it's a quote doesn't matter if it's a statement or anything else there's no written statements and I think this is and I have city city email here that went back and forth who directed a city staffer to ask certain council members without asking other council members i think that's not good leadership from a Mary doesn't matter if you're for it or against it if you're allowing comments in the paper you're to allow every council member we're a team up here we're council we're not I mean you shouldn't be segregated out because you vote against an issue in fact mr. Nelson did not vote against it but he was still taken out of the loop here I think these emails have in front of me all i'll be more than happy to show them up here i have the data sheet showing the council members should make no comments in the city matter i just want to bring it up to the mayor tonight I ask that this doesn't happen again and I just felt like when you start showing favoritism to certain council members it's going to continue and you set a bad precedent I was the only member though was own counsel back in 2002 and I remember very clearly why this issue came about it was simply because council members were making issues and making it a political paper and we got away from that with these guidelines Thank You counsel Ted Nelson I just one final commented this is so far from propaganda your name is next to a positive statement about a new employee which city staff that's not proper and also there's a difference in the two words submission and statement they have different meanings and the final comment would be we have some people up here that once signs on city property but they don't want your name point of order mayor magazine we got to keep this keeping OMA okay councilman white Walker linguist man appreciate the opportunity to weigh in on this subject I am sounds like we can all remember the day and what we were doing when we got the latest issue of City matters I actually don't remember the date but I remember where I was I'm standing on the street in front of my house at my mailbox pulling it out with great disbelief and actually to be honest with you may know I requested an agenda item to discuss this but I just decided i'd rather have it in workshop and i talked with our administrator first off i know that the timeline issue is well under control in fact i have it on good authority that they're looking at the next window that's about to go out so we are way ahead of schedule this is a this is an issues and get hamill well but but really philosophically I wondered if this is exactly the manner and the type of publication that we want to continue that we are always exploring since we have a new electronic age where have a you know webmaster that's sour right now in the budget and and and it's a difficult one and I appreciate any input from the community like what my impression right now is there's a lot of people that prefer maybe people just go to the website and get it and one thing I do want it to be current on the website as soon as it's a head start hitting people's mail box I'd like it at a City matter section on the website because I actually I don't think I even found the current version i found one from a couple years ago on the website nonetheless um but i'm still left wondering if there's a second of the population still likes it in printed form at the hicks and mailbox because they don't otherwise what I have to worry about check and periodically the city website or or you know explore all options I know that are that the street is also looking at maybe there could be alternative ways to produce it you know we currently outsource the production of it and so those things I still expect to have a workshop about that and I'm confident that this city matters is going to to be something we'll all be proud of format we end up in and we can even talk positively about it in an edition of City matters ironically enough so thank you very much that'll be on anybody else on the queue ok I will complete this item by saying a couple of quick things the date totally unacceptable I don't think that's a secret to anybody my administrative assistant called me the day it started hitting the mailboxes and said mayor most of the time you get every email with you know some response she said there's too many we have a problem and the irony is that i got home the next day I was out of town and I still hadn't gotten mine so I didn't get mine for two days later I did call chris reed and he had told me that councilman barber wanted it on the agenda he had spoken to councilman barber and said and I'm paraphrasing here chris reid said I'm the city administrator give me an opportunity to perform this is a staff issue and I commit to you that I will address it in a manner that is satisfactory said not only all the elected officials but to all the citizens my my remarks to chris is okay i'll give you a chance it's a it's a tall order dawn kill board does this mostly by herself as she also does 16 and was also helping with some of my itinerary so but i will probably tell you that Chris Reed has told me that he's painting soap in a box everybody but November for is the day I hear it's going out that's right ok November for after that is what we'll have to blame it on the postal service streaming we are working on hiring a person that can stream this city matters publication like we're going to well I pretending to stream our city council meetings and everything else it's a process the fact that one is on there that's two years old again that's not acceptable that can be scanned and put on by anybody and I suspect that will probably be addressed tomorrow morning if it hasn't been dress today the city matters is an administrative tool I'm the CEO of the city and when I use the city matters it's for informational purposes and simply this whole issue tonight is that after the vote I walked over to dawn and I said I'm going to make my article this month an informative piece on the fact that we have a new city administrator get quotes from people that have something good to say and supported chris reid and that was it the only bump in the road was I think gone because of some of the scheduling tried to remember some of the clothes and then I sent a follow up email said I don't want your quote I want if the council has something good to say we will say it if not we will move on so there was no exclusion this was simply something that was good news we shouted it from the rooftops not sold on to get a good statement from somebody has something good to say about the vote and that was it that concludes the side and we move to item 15 b for the wicked overcome in there now I gave everybody the cute on me close that up there's no motion is item number 15 deep consider okay when we reach okay considering take action on authorizing city reply to attorney general opinion request number 05 05 39 health and Ted Nelson's made motion to approve second seconded by councilman chris handle son is now open for debate councilman combs where we have a question on this item here do we have a reply yet from the city attorney for a written reply as of now sir is it I'm sorry no sir okay and I would like to see the reply before we actually send a letter out to the AG's opinion we approved one okay thank you for those I've got two more people in the queue this is simply the issue where one of our council people has submitted a request from the Attorney General to see if chris reads appointment as Acting city administrator is legal as that the correct word on I don't know exactly one paraphrase the questions start centered around the civil service status of mr. Reed okay and so we're simply I'm asking the council to authorize the city attorney to prepare a statement which is our position on fresh raised appointment to city administrator councilman Ted Nelson and I just want to clarify because I read it and did some research on it what the question was that was mr. Collins was asking to get a attorney general opinion even though he president Chris Creed but what he was trying to basically get meriting and would you stuffed yes they having in the comments there what we were looking for in the opinion that he was requesting does not whether his appointment to interim city administrator was legal but the question is is by doing that did he lose his civil service status and that's what he's trying to look out there for if mr. Reid is when he were to lose the civil service status he obviously would not want the position and that's the question see if we can tie them into a corner make it work that he'll lose a civil service status will go back to just being the assistant to Drew and that's the question here and I think I talk little walkway in the mayor and we're going to follow responses what our opinion is on the balls that we looked up and the research mr. Polanco and done we disagree with the need for the opinion but we we have numerous lawyers up here that know what to do we'll make sure we get this done as quickly as possible councilman kini well if every attorney agreed with each other we probably wouldn't need attorneys because there would be no disagreement about the law I guess my question is is what backup information this originated with the mayor this agenda item I haven't seen the request to the Attorney General I haven't seen has their tunnel Attorney General requested something for almost up briefly explained a process normally when the Attorney General receives a request for an opinion he will then sent out notification that that request has been made and he will send that notification to a multiple number of groups depending on the nature of the legal questions involved in this case because it involves a law enforcement official and involves civil service he requested or he sent notification to the Texas Municipal Police Officers Association Commission on law enforcement standards and a number of other organizations that have an interest in this particular legal question also I was copied as a city attorney because it obviously involves a city administrative official and in the letter that the attorney general sends out to these various people he imposes a deadline by which if you wish to weigh in on the issue and reply to it that is your deadline and what's the okay what's the deadline if I'm not mistaken it's november 13th and when was this received by the you or the city well the the letter from the Attorney General was dated some time after October the 9th is ever call I don't have that letter in front of me I'll cover the first October first is when the we got a letter from the Attorney General from the senator who wrote the agenda item the right October 13th was from the AG's just notifying the city city attorney and City Administrator mayor and leave the the Attorney General receive it on October the ninth and then his letter to all of the various organizations and the city was October the 13th that's good yes and um and that why is this coming before City Council I don't know that I can answer that question I will venture to say that because I was addressed among the other people who was copied on the letter as the city attorney I suspect this was brought forward for the council to determine whether or not they wish to weigh in on his issue it sounds like a couple people weighing in already on from the look of the button pushing or will be weighing in on it how are we to weigh in on a reply when we don't even have one in front of us there's two ways to handle that you can either not weigh in if you will until you see the proposed draft or in this case because this does not technically involve a legal issue for the city of link city as a governmental body you can refer the matter to outside counsel to prepare that on behalf of your staff member that is another option that you have at your discretion and what what and what is what is your reply do you have a reply I mean it sounds like some of our Council of urge your reply or legs drafted of reply or something I'm not sure once again because this does not directly involve a legal issue for the City of Lake City I did however refer this out to outside counsel the city's tml attorneys who reviewed it and fell that mr. Reed was in good shape legally did they provide you with documentation no documentation simply their impression of the statutes and their understanding and experience in civil service matters his impression was that mr. Reed was in good shape and so if this fails to have the support necessary to pass tonight does that imply that we're not authorizing a reply from the city as the city attorney I obviously can only act at the direction of the City Council if you do not authorize me to prepare a reply for the governing body mr. Reed has options that is disposable to have his own attorney do that Thank You councilman barber just in order to understand this issue a little bit better the original request was it to to ensure that we protect our mystery from making a mistake in and orienting and accepting this interim position or because I'm worried about what we're going to do I worry that if it brings attention to something that doesn't go his way and he's already taken the interim administrator job that it's pretty much you know in a bad way I'm just wanting to understand it better so if I can get some kind of answer I would appreciate it Chris you're going to you're going to do a better job of explaining this than I will but I will if you would like me to I will certainly try for those citizens and counsel that are not civil service if you're a policeman in this city when you are made of policemen you are protected by a civil service law which was enacted I'm told by our pd years ago initially to protect policemen from the swaying of elected officials losing you know a man or woman losing their livelihood so a new elected official can't come in and say I don't like this policeman fire me gave me a ticket now the chief when he sets that job and the assistant chief when he accepts that job are now no longer protected by the civil service statute however if new mayor if I were to replace the chief or if the chief were to replace the assistant chief they automatically revert back to the job they left inside that pd before they accepted the promotion so still they go back to wearing the stripes or whatever they had and they're protected again from civil service so he could be fired chief Daniels could be fired as chief by me or the City Council he goes back to be a sergeant or I don't know all the ranks I apologize Catherine I immediately I said I was hooked and and then if if Chris a read were fired prior to taking his position by chief Daniels he would go back to wearing the stripes of sergeant Catherine everybody's a captain with it was why they're so good now the question is you know what happens to chris has he stepped outside of that Civil Service protection if you want to take the long road if this were to absolutely not come back our way then he could be rehired into the PD the same day and the next day chief Daniels because in promoting back to assistant shoot and you have to know that that when we consider chief read my first call was to our current state administrator Chuck Pinto my second call was to Arnold Polanco so you know we've checked with the bodies that be the lawmakers that be so is that a fair summation Chris or have I left out anything pretty good okay because I've had to answer a couple of times because it was hard for me to understand in the beginning so Council marburg that the question tonight this agenda item simply is to say we're going to respond with the same data that i use to present this young man to this council who then ratified him with a 5-2 vote that's all it says that's what the motion is tonight and further questions only this is appreciation okay council on Ted Nelson okay Councilwoman Phyllis Sanborn I'm glad you clarified that because that's not what I I'm just asking how I understood what we were voting on me I'm glad that you said that i'm not one of the three lawyers up here so i do have a couple questions because i didn't understand it if tml replied already to mr pongco they have not I have not I thought you said their hand I spoke to the city's TMO attorney when this was issued and asked them to offer their opinion of the issue but they have not formally written anything okay why wouldn't tml write something formally for us rather than you write something formally or someone from the outside that's informally tml may very well write their own reply but they will not necessarily be doing it in cities behalf what they say may directly benefit mr. Reid but they are not necessarily writing it as the city's representative they're writing it on behalf of the large organization also and they said mr. Reid's in in good shape so why wouldn't we just wait for the AG's opinion and wait to see what they said that is certainly at the prerogative of the city council that is certainly your option but i'm not sure that anti a brush why would you not want to do it alright if I wouldn't you just wait and get the AG's opinion or you take do you feel like we may be that the city is taking a chance there that mr. Reid's taking a chance that there may be a slight bit that the opinion won't go in his favor I mean I just like I can't predict what judges will do I can far less particularly turn a generals ever going to say because it changes with the winds why would you want to do it my best observation of that would be that if you wish to support the individual in question continuing to fulfill his duties and would not wish to see the Attorney General issue an opinion that because contrary to those wishes then you might want to weigh in but he would work until the Attorney General just in case said no this is not legal he's gonna lose his civil service I mean that's not up to us to say that is up to somebody else to say we're doing what what the city feels right but we don't know one hundred percent whether we are until the Eternity Attorney General makes a ruling you can say I can say tml can say but the Attorney General is the one that's gonna have a final say is that right he will have the final say on what his opinion is not mr. Reid's trying to catch my attention yes but maybe I can answer that question for the attorney general opinion has been written is incorrect and what we would like to do is give not necessarily want to say our side because it's not a different side the attorney general opinion gives it as if I'm a civil service employee I'm not a civil service appoint know the the request I'm sorry for the opinion is written incorrectly he's it's stating that i am a civil service employee that's incorrect or not so we're said you stopped being a civil service anymore the night that you were voted in on the Twilight as know the day I was appointed as assistant chief also the assistant chief is not simple that's correct and Councilman health woman also the letter also states that he did not ask for a leave of absence which I believe was incorrectly stated as well so there are some you know our concern is is that we don't want the Attorney General to make a ruling a good ruling on bad data that we then have to turn around and say oh wait a minute he did have a leave of absence and he wasn't a simple service important anyway so the question itself is Miss Lee Thank You counsel McCollum's if that is incorrect and it's a the point is it doesn't matter because if he's not civil service then it really doesn't matter but the point is that what I was trying to bring out under the AG's opinion was that we have an officer who again you you state that he took a leave of absence I've never seen that it never was approved by City Council I assistant chief just transferred from one area to another and we have other officers out there who would love to work side jobs who would love to work other jobs to take a leave of absence and under the rules that I've read that was not allowed so I mean again if tml has made a ruling then I would suggest that kml come across and give us something in writing AG's opinion even if it came back negative or positive for mr. Reed in this position then doesn't mean loses his job it just tells us from our power of legal means that this is legal or not I don't see where AG's opinion is is a big deal for anything if you're asking a question to the AG's and let him answer it and move on and if he comes back in states that mr. Reed is is not performing under Chapter 1 43 of the local government code so big he continues his job if it rolls in favor or in not favor of mystery then he goes back to the police department I mean we're talking or we stayed it up here before the mayor stated this is a temporary position I don't know if it is or if it's not accounts my dad Nelson just briefly I agree with mr. Cohen to the same one that the issue here with the AG is we should never let any judicial body make a decision on less than complete or not accurate information and that's the scary thing here there was some misstatements in the request that was signed by Senator Mike Jackson and could not not answer these these miss statements would be asking somebody why don't you give us a decision that actually affects the body working on our staff you'll make us the decision but do it on this bad information and that's all we want to do is give complete information same thing we did today on mr. adnan guards property two weeks ago he came up here he presented a deal on less than complete information and we all SAT here like a bump on the wall could get a motion to pass it or deny it but he takes two weeks to explain it to us we all have complete information passed on first and final 720 that's the difference between good information and bad information that's all I'm asking is that we give these people the information let them make the right decision just like mr. combs is asking for with the services as long as it's on complete information kaplan barber actually you know listened all the discussion and including that last point about good information I just encourage your by before they deliberate before they press the button make sure they look at that those paragraphs next to the picture let's get this guide out there to put a good reply out there and make sure the right information gets in their hands and so reach over and hit the es key tonight when he asked for the vote Thank you Thank You councilman bob accounts bikini I guess you know there was a comment that was made that we should never let a judicial body make a ruling without complete information and I think what we're doing here tonight is making a decision without complete information we have not we've heard that there's been a request for tourney AG ruling and this request is saying that there is that mr. Reed is a civil service he's still covered by civil service mr. Reed is saying he's not covered by civil service I guess that's being back is that correct on that is part of the bank and that's all right but that's part of the debate right excuse me what what is part of the debate as to whether or not mr. Reed is or is not protected by civil service so that's not even clear that is the issue that the Attorney General is being asked to decide and what is your opinion well that's what we're asking him don't we're all verizon him to give us I'm as well I'm authorizing to give it to me right now I have it well I I don't have the benefit of counsel authorizing me to devote any time to this what I need is for the council to say yes we want you to do this or not do it and if you do that i will present to you the product of a full research product a project on what you're going to do anyway right give us you know if you get authorization to you authorize well but it doesn't say to prepare a reply what it does is it says essentially reply but and it's not necessarily to have me reply if you wish to have outside counsel do it on behalf of mr. Reed that is certainly an option as well and when were we having our necks when's our next workshop schedule tomorrow tomorrow probably can't get a reply done by the in canyon no sir I wouldn't be on the agenda anyway John we've had well I understand that oh the one you are going to be you're not well I myself will be at tml that's correct okay when's our next workshop I think it might be next week the third of it refers got a Wednesday okay how long how long do you think if count city council tonight authorizes you to do a reply how long do you think they'll take you to prepare I don't see that it would take more than 10 days to fully prepare ok and what would that day p 43rd today is the 24th going to be the third I guess of November and whence are doing when do we have a workshop in November first in a second yeah I don't know if we'll have one on the second a week we definitely have one in a minute on my part well we we've got one scheduled right now for the second do you think you could have it done in nine days certainly instead of ten silly you could have a reply ready that we could put on the agenda for that workshop be able to see what your comments are so that we can make a decision to authorize that reply that would be okay and I guess if we if this doesn't pass the night then would you then want a motion from Council to but because it sounds like there's some questions as to what this would reply would be and I guess as our one of our other attorneys as mentioned it's probably best that the city makes summary by can you agree with you agree with you and so if this authorization tonight fails this particular motion can someone else make the motion and say that we authorized you to make a reply to prepare for us to review and authorize you then to forward to the Attorney General you can make any motion your life whatever you counselor whatever you wish to have doing this phony took at that's certainly a doable awesome I for one don't want to break any laws and that's and that's what I think we have to be careful with their understand this does not involve a legal issue for the city of League City this is an issue that involves however the rights of some of your staff members so okay and and the last personal accuse councilman tad Nelson who just took himself off we're going to take this vote and the motion is to is to approve the authorization of a reply on behalf of the city to the attorney general requests concerning Chris Reed so with no further debate please vote for izz councilman barber Ted Nelson and Chris Andersen oppose councilman Tommy Jones Jon Keaney Jim Nelson and Phyllis and blowing motion fails Mary I would like to make a motion though that he since that motion failed to prepare a reply for consideration at a workshop okay exec of the second oh absolutely once I get the motion clear ok state that again councilman I would like the city attorney to prepare a reply for consideration by counsel and have that available to us at the workshop on November second ok need a second second for discussion ok the motion is made by counsel Keaney and second it just went ok Ted it's made by counsel makini seconded by Councilman Ted Nelson is now open for debate no you had already huge you off you refute it so your first one well mayor bottom line is I think we have some information that we want to get the Attorney General as a city attorney on the City Council I'm sure at my end I will forward the information children from an amicus brief for the city attorney on council won't be a thought the same thing works for me councilman Thomas mayor object to that mr. mr. Nelson is a city council member not a city attorney for this for this board he is very biased in his decision and I would say that would not be the proper thing when issues come about that may be in my expertise or jons we don't ask to write a legal opinion or anything concerning that so object to heaven mr. Nelson who is a council member first not a city attorney for this board i'll put that Selena duly noted and it's late fellas Alyssa but focus here we're getting close councilman Samuelson any citizen can do with mr. Nelson just suggested really over talking about here's we decided as the city council to give mr. Reid the job as our interim city administrator and all we're doing is saying can we please tell the Attorney General why we think we made an okay decision that's that's all we're asking you to do and it seems very very reasonable can't imagine why anybody would not want us to justify our position councilman john feeney well I certainly want to justify ur position I'd like to see what our justification is this has come before City Council for an authorization and and I think it and it needed to come before the City Council for an authorization and I think I mean gee whiz I thank everybody on here right and every member of every citizen you know if they want to send a letter to the Attorney General you know please feel free to do that my questions are that I'm hearing facts tonight that I'm just hearing for the first time the night and the question is is whereas earlier one of our attorneys warned us don't make decisions without at least getting input are giving input I want input before I make my decision so that's the reason in the same way the Attorney General is asking the city for information on this I'm saying I would like information from our city attorney on this as well so I can make my decision Councilman Jim Nelson mayor I'm a little confused i'm not sure what the motion is now I thought mr. kinis motion was to direct the city attorney to prepare a brief for us to send to the Attorney General and now I'm a little confused whether there are City Attorney's going to do that let me see if I can help as I understand your motion mr. Keeney you want me to prepare a proposed draft of a city of apply for consideration by the City Council before the city council authorizes that draft to go to the attorney general's office is that fair that's very correct okay what I want to do is in the same way that you prepare contracts and you you prepare those contracts and then we review them and authorize them I want the same process to follow on this legal situation that we're currently in give it some review prepare a document that you think is what is right and and then we'll and supports all of the employees of League City and there in their rights and and then would give us the opportunity to review it at docked on November second meeting ok ok so the motions to have Arnold which is what the first motion was more specific is asking oral to draft a reply bring it to the November second is that correct November second workshop and distribute the council and will move from there the motions made by counsel makini seconded by Councilman tag nelson there's no further debate on this issue so please vote wait wait wait wait please vote Jim can you hit that again thank you for councilman john kini jim nelson and Phyllis Sanborn oppose councilman Mike Barbour Tommy cones tad Nelson and Chris Anderson motion fails okay item number 16 a Texas Open Meetings Act section 55 1071 government code deliberations about real property discussions discuss acquisition of HTML and Pete cooling canals from NRG Texas LP the city council will now go into executive session pursuant to subchapter d avoca Meetings Act section 5 51 at all government code on this 24th day of october two thousand six at eight-thirty p.m. 5 5 10 7 to government code states a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party here in item 16 b 16 b texas okra Open Meetings Act section 55 107 to government code deliberations about real property discuss contract force you {00:00:31}
3rd row	{00:00:41} Your Honor okay good afternoon will call to order the City Council of the City of League City regular meeting December 12 2006 at 6pm to order one hour call roll Jerry Schultz tad Nelson Mike Barbour ducky Tommy combs here Chris Anderson here Phyllis Sanborn John Key me dear Jim Nelson here now moved item to the invocation pledge of allegiance to the US flag a pledge of allegiance to the Texas flag the indications not will be given by pastor Greg poor a clear creek community church and this would be a good time to turn off all cell phones and pagers let's pray father I thank you for the people on this council lord I lift them up to you because they've taken on a great responsibility for our families in our community and so I pray your blessing upon them and your blessing upon their families a pray father that you would let us honor you by being good citizens in yielding our lives to the decisions they make and the laws they establish in the direction they said for our community that we've been honor them by giving them that grace in that respect I pray father as they engage in the decisions that they have to make tonight that you would give them unity that you give them clarity of thinking and focus that you would give them wisdom that even in the conflict and the tension that's naturally a part of the hard decisions that they make that you would give them a mutual respect and that they would assume the best about each other as they make their choices and they decide so father I just lift them up to you I thank you for the sacrifice that they make for for me and for my family and for all those in this city and I pray your blessing on in Christ's name Amen the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all our money technics by graduation students alright we will now move to item number 30 approval of minutes and done now move to item number for appointments proclamations presentations and award there was a proclamation that we're going to pull because I think there was nobody here is that correct domes okay and we'll pull that an issue that at the next meeting item number five public hearing public hearing and action items from public hearing item 5a hold a public hearing on the proposed enlargement of tax increment reinvestment zone number two victory lakes we will open this public hearing at six over 4 p.m. if there's anybody that like to speak to this please come to the podium my name is Kevin cats and I'm a resident of leaf city a property owner of League City and I wanted to talk against the increase in the tax rate investments on as far as i understand it attacks reinvestment song is designed to stimulate growth usually in an area and underserved area for an underprivileged area and the and the idea of getting a zone to defer taxes is to try and stimulate growth in an area this area is booming there's no reason as I see it that the city Chicago taxes I don't believe that by creating the zone and increasing the area that it would prevent growth in that area and so I would charge the city with considering not increasingly to investment zone thank you okay and sir could you state your address for the record please write their property on doesn't have a name okay okay but it's it's almost adjacent to that property it's on a pin oak drive in in league city okay thank you very much is there anybody else I'd like to speak to to this issue please come to the podium okay hearing none we will close this public hearing at 60 5 p.m. and we will now move to item number 5 be considering take action on the approval of an ordinance enlarging the tax increment reinvestment zone number 2 victory lakes their move to approve counseling barbers measure to approve second about councilman Tommy cones and this item is now open for debate councilman Waldo thank you smear just a couple of things first of all just to address one of the concerns is that what these types of vehicles financing vehicles are for and I just heard a resident or a property owner talk about how its kind of four areas that may be economically deprived or whatever is to try to stimulate growth and that is certainly something you can do but just for your own application as well as anybody here that's considering Meredith is what it really allows the city to do is to help develop an area the way they want it developed that wouldn't otherwise happen on its own just through the market dynamics in this case that was one big concern when I went into the expansion you look at the proposed area it's certainly a commercially viable corner but the problem with the area is that it there are a lot of requirements to get it developed for the for the street that we require to be built all the way through walker street to be extended and over to the access they have to relocate some detention to satisfy the texas department transportation there are various infrastructure demands that have to be done just to put anything there and that's fine that's really their expense to do the problem is when the developed commercial developer goes in to do that he's also God he also has to be able to find people that will come in and be tenants and pay him the cost that he would have to be willing to do would make it such that the rent would be so high that the kind of businesses that we're looking to see in this case super target and home depot and the kind of things that are sitting these for for sales tax revenues they just not going to come pay that cost so the only way to gently overcome that barrier is to use the finance of the vehicle like this now I've done my due diligence I've talked with the experts on this and I'm on that board we talked about it at our board me a little over a month ago and I'm convinced that that is the case and so in order you need an objective that everybody up here I believe agrees with in order to increase our sales tax so that we can rely less on property tax owners then then this makes sense the only thing the city will really give up is the is the increment itself and all that is is the amount of property tax that we would be getting from that in excess of what it's already appraised at today okay it's already worth of value and we'll still get that amount that we're getting proper context but when it goes up in value from them developing it all that additional tax property tax is going to go to finance all these improvements that we talked about so yeah we are given up something but what we're getting back there's a lot more money and sales tax and that's the only thing these work so you're really looking not just for growth but very specifically for commercial growth that allows you to get that in it if you look the financing plan it's much more than that okay I want to be very clear about that and it not only to you because he brought up a good point but to everybody else on council I think it really does check out have had a good discussion with our experts as well as house who does a great job he has tons of experience in working with cities to achieve these objectives and and I am support of it one final comment before turn the floor back over I was contacted by a resident wondering if this is increasing our pit as you know there is a there are kids associated with this entire tax increment reinvestment zone and that's the pit is to actually pay for the same similar infrastructure the streets and stuff their associated with the residential but none of those are affected at all by this expansion those are held handled separately as driven by the actual development of each section of the neighborhood of victory lakes so everybody when they sign their for their house they have a finite amount that pit cannot be changed unless there's a public hearing the vote which is not going to happen so none of those finances are going to change at all okay so I think I hopefully have answered everybody's concerned if anybody else wants anything uncertainly field any further questions so thank you thank you anybody else everybody's Q is working council can use your key work and I saw Andrew down there actually my computer crashed and so he provided me with another computer however I believe we're still in the only sort of public you know so we're in the debate session of the of the actual motion absolutely what is on the county tax assessor I guess my question is the base property value that we're considering here that's what that's what's going to be frozen and then and that establishes the basis for the zone what is the current value of that property yes sir unless maybe one day is David W Hawes 16-18 Greenleaf oaks dr Sugarland Texas 77 479 I'm David Hawes's don't administrator and salted the city on the thick perturbs the answer to it is that it's currently valued at several million dollars I don't have the exact amount I can get that for you I don't believe any of us an advil Union if it were a roll back in the base would increase whatever the market value but I don't have a specific now that I can you do that market that yeah you get my thank you very much you hit my main question was if it has the AG exemption that's going to roll back they're going to pay the last five years of taxes or whatever when you convert a hag exemption into na nag exemption now you know if they start development they've converted to commercial development two years at Rell's back by the girls across the base year so that is your value jumps up so the city gets the benefit of that increase in market belly so you're protected they're great and what is what's the timeline that we're talking about next year next year yes sir okay because I know the traffic is getting unbelievably ain't terrible out there people are backing up all the way on 646 to the county building and Beyond and then that's the importance of this is providing the off-ramps egress and ingress off the port by the off-ramp and then I'm providing that package wrote about Walker to continue at 6.6 to 45 which will help alleviate that track so it should help to some way I know 646 going to be expanded expansions going to start a couple years but this is going to start about a year so that should help even further alleviate the traffic out there and okay great thank you very much emotion on the floor by Councilman barber to approve second secondary by Councilman combs if there's no further debate on this issue please vote for is unanimous motion passes we now move to item 5c considering take action on the approval of an ordinance approving the first amendment to the project and financing plan for tax and vet tax increment reinvestment as own number to dismember move to group counseling offers made a motion to approve councilman cones the second of that motion is now open for debate hearing none please vote for is unanimous motion passes item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in the property or business located within the city or their attorneys the statement of no more than three minutes may be made on items general relevance thinking there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers first citizen is Kathy Bradley I'm Kathy Bradley i live at 501 North Sarah deal in Webster Texas I'm also a volunteer for the city of zebra and I came here to invite you all to participate in the Bay Area fitness challenge what I'm scared I'll go be sure what this does is give you the opportunity to market your city more than what you already have mayor Collins that he could get this done for everybody from houston chronicle we're going to have a 5k Fun Run which see brooke has already named to the pumpkin pudding fun run so people can dress up in halloween it will be october 26 27 28 the 2007 then we're going to have fun with city council we're going to have a fitness challenge among the City Council's they're going to be 12 cities that have 12 cities that have been invited we're going to have things like a ping-pong tournament dumping apples egg race and the mayor of clear lake shores there's anyone over 50 gets the label and with its arm wrestling between the policemen and the firemen I made the suggestion of a tug-of-war over a mud hole or water hole it's just fun and all proceeds will be going to charity so far kima and clear lake shores have committed to this and you're the third sitting I've come to and by well thank you very much for inviting me if you will leave us some information if you very good I'm sure that we would probably be interested in that I and for the record our council was fun no matter where they go we will show up and be the show just just for showing up thank you thank you thank you and our next our next citizen is Kathy Weiss call okay Kathy why scott and i live at 308 velvet here in league city we've been here 39 years I'm a president of the League City Historical Society we're very aware of the beauty of our live oaks in Lake City and how much people notice them at the cobalt three how they set the tone for our city and we've been concerned about building grassroots support for preserving room and prepare me more so that we can keep having a low blow so we are obtained a grant plan Texas Forest Service to create a registry of live oaks and we've been working on this for two years now and we have almost 300 folks registry anyone who has a live oak in their yard and listen league city can contact us will register their oath if it's more than just a sapling looks about a Master Naturalist to measure it according to the stands of standards of the American tree registry and that way you can know how it stands up in Phoenix points on a national standard now one of the things that we're doing here is that we've paid their calendar last year we gave your copy by calendar this year it's bigger and better we have pictures of we've had a somewhat platensis Forest Service come down and take professional pictures this these are pictures Cara one point the city club and we have there's one here from going to pre house over on Dallas treat the moonshine oak is in here where the moonshine was made back in nineteen in the 1930s when we showed it to one of the old-timers we said is it really true what we heard is as cheese I wonder if that's concrete slab is still under it where they used to put still come that's a very beautiful calendar we'd like to give one to each of you and to the man and we also like to sell the citizens of big city that they are welcome to contact us to purchase one are they are twelve dollars each 350 thirty dollars and the first been selling these we were use to print a registry book which is lists all the trees that are registered and their sizes and and so people we would have that book so I like this time to give each of you one of these colonies and first and the way to contact us is the car 28 1332 6636 joannesharpe or 28 1554 299 forth and that's our West Bay common school children's museum Thank You Kathy okay our next speaker will be Lori Henry good evening mr. mayor members of City Council and staff and fellow citizens I'm Lori embrace chairman of the league fee senior citizens advisory board and I'd like to come to you tonight to present a report of the progress we've made this year since I talked to you in January first I'd like to thank you for your support and your initial allocation of a thousand dollars less January which was vital to the start of our program we hosted a huge kick off dinner in late January and we had over 300 people in attendance we were also able to start our first Thursday programs with adequate lunches and provide up for all of our startup costs every Thursday last februari we start offering our daily program or our Thursday programs all seniors from 9am to 3pm with various activities such as car games dominoes tap dancing line dancing exercise guest speakers and bingo we then enlisted in the Galveston County hot meal program which now provides huge trays of food directly to the rec center every Thursday and it only costs each senior one dollar over the summer we expanded our program to include a dance once a month which is not only attracted our seniors but those from Pasadena Alvin clear lake and friends with the dance was held every month august through november and featured a live band refreshments door prizes and a raffle we hope to continue these dances through community sponsorship and increased involvement of our league city seniors our next dance is scheduled for Tuesday februari 13th just before Valentine's Day and is open to all ages this time it's going to be a soft cup so polish up your 50s jitterbug and come on out and join us in the fall we join with the library outreach program and adding our movies at the library with refreshments every Tuesday afternoon and thanks to our community block development grant money awarded to the seniors program we were able to start paying our volunteer instructors our dance and exercise instructors to provide a more reliable continuous program of activities for the seniors we've also added ceramics floral painting and numerous other activities to the Thursday afternoon by far one of our biggest successes was our thing giving meal in which we had over sixty three seniors bring a dish and share a wonderful lunch together we have lots of exciting activities for this month a bell choir concert this thursday at Christmas floral class a senior skip takane chand a Christmas hula show so please feel free to drop in any Thursday for lunch or just to visit and lastly I want to thank each and every one of you for your continued belief and support in our program and would thank mr. Nelson pretty in particular for his generous gift and we look forward to the hiring of a senior's program coordinator and our new budget which will cover our newsletter expenses our recreational supplies and the expansion of our program now to Tuesday's in 2007 so please tell any seniors to know that you know to come and join the fun and join us on thursdays and tuesdays starting in February so thank you thank you Lord for your commitment to that program because I know it's a you in in Elena Balderas and Bonnie schoelkopf it basically just taking that thing from the ashes and risen and it's just a wonderful program and thank you so much for your effort that concludes number six we are right now in item number seven which is the consent agenda the staff has asked that we pull 7h and 7i so the consent agenda will be seven a layer I'd like to pull for discussion b c and g v like boise like cat do i go right yes okay and anybody else want to pull anything on the consent which is 7a through seven s okay we currently have h and I school permanently and we have B C and G pulled for discussion by Councilman kini if we'd get emotional the remaining items salute okay I'm sorry was it comin council mccomas made the motion to approve the remainder of the consent agenda second of our councilman Ted Nelson any discussion on this please vote or is unanimous motion passes we will now go back to 7d consider take action on the request for consent to encroach on to city right away mayor make a motion to approve councilman keys made the motion to approve I can second about Councilman Jim Nelson this item is now open for discussion council makini I guess I just wanted to ask staff from I know there's going to be some major improvements out in that area with and down Calder let me get to my map one second if you'll bear with me okay any further discussion on this issue just a second there I'm getting to my map if you'll bear with me hey thank you have we have we looked at the future of what's going to happen in that area and just determine that it's definitely when I cause any problems with it collar road and also any of the improvements that are going to be occurring in the near future along that area that's correct we've looked at it and this this gets the the petitioner the ability to his own sewer one weight but in the city system the requirement be for him to abandon his and connect in two hours thank you very okay commotion on the floor by council makini to approve seconded by Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes 7c consider take action on the approval of real property exchange agreement between the city of League City and San boy DBA Sam Boyd develops moved to approve council mccomas made the motion to approve and seconded by Councilman Jim Nelson decided is now open for debate councilman kini I just wanted to make sure that I was talking to the city attorney and he was discussing the possible need to include some language in here regarding deed of trust mr. if the city attorney could probably elaborate on what was a skosh I've talked about Larry Hubert on this issue and my concern is that that prior to the documentation being executed ding property that abstract probably done to certain it was no liens on one point three three acres before city filled fire department fire station let's go I just wanted that to be brought out into the discussion ok can you further discussion motional floors by Councilman comes to approve second about Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes item 7 g consider take action on a donation of 11.03 acres of land from sam boyd development for hidden lakes to fulfill the requirements of the planned unit development and park warner's mayor I'm going to make a motion to approve this contingent on our ability to donate it to the school district another alkene and excuse me and without the claws and the deed that requires us to also then set aside additional land for part second from discussion ok council makini has made the motion to approve this contingent on us being able to read them to turn around and donate this land to CCISD and what was the second one John and I wanted to strike the language in the agreement that require that if we did that that we would also then have to dedicate other parkland so boys ok and Councilman cones has seconded that item for discussion so this item is now open for debate council makini this point information real quick if you don't mind is there any way we can get somebody to pull up a map on the screen so that people can look at this while we're discussing it Larry to our is that is that we had to take very long if anybody has her disc that the joint says she hasn't Joanne has right there miss Sharpe actually well join is very good about reading her miss sharp as well thank you Theon sorry mr. king LeBron thank you okay council makini had before okay if chin would kind of outline the area that we're discussing and route in relationship to the school side okay my concern with this was our parks requirements one of the things is that it has to have easy access to streets I mean this is supposed to be a regional park and you've got gum by you on the west side there that is that blue line that's kind of heading north south on the north side you have the school and it's it's it's not very good for a regional park no access and so the reason I made the motion the way I did was I think it could be I do not want to have to maintain land we just approved a several hundred thousand dollar contract to for cutting grass in the city this is a part that we cannot access and I personally don't think citizens should have to pay to cut the grass on that but what I would like to do is I'd like to see that deed it over to the school district however that's not the agreement that we have in front of us the agreement that we have in front of us allows us to give that to school district but if we do and we've got to acquire more land for a park and that's the part that I want struck from this agreement if we could and I don't know mr. my setting up to discuss it and if he wants I've certainly welcome your comments mr. Boyd I mean I know what you're trying to do in the PUD it said we required that we required you to give us 11 acres now I'm not this is a 2006 drawing so i'm not sure if when this land came about as being the land that you want to dedicate but I don't have the 2004 I tried to get a copy of the 2004 PUD documents I haven't been able to get them and so I wasn't sure when this came about is that this particular piece of property was the part that we wanted and also I don't believe that this has been through the parks board but as far as them my name is sam boyd councilman kini to answer a couple of your questions that have been for the park board and received unanimous approval the answer to your second question regarding the location of it to give you a little bit of a history because it does get a little bit confusing there were discussions between the city of league city and the school district and the whole idea in the tent was the school district and and the city were going to cooperate because the school's plan they're very early planned and that's always subject to change was to have a high school junior high and elementary there and in addition to have somewhere between 60 and 70 acres of amenities tennis courts baseball fields track fields and what the city and the school I think historically have done and what their intent was to do with this land our plan was to the city always like in the school enjoyed like having a park a public park next to the school located next to school grounds and properties so that they could kind of use the same together and the school has stated that their attitude is since those of us as taxpayers who are paying for the school and the amenities they should be allowed to use those amenities on weekends or after hours and coordinating those amenities that the school's going to put in with the city park was the whole intent of this to begin with so not knowing where exactly what the layout was going to be of the school situation or schools and the amenity part part of the school's right we decided that we would lay this track in there like that and the whole intent was and is that the school and the city would probably do some swapping out of land okay to reconfigure that strip that's now dedicated dedicating as a park and maybe it would be half of it would be in a different direction it would be reconfigured to conform and be adjacent to the amenity part of the school improvements so that was the intent of a deed in the language in there was not it was simply this that the school in the city would do a swap out and there would be a reconfiguration and the language in the deed allowed that to reconfigure the parkland as the city in the school see fit and not to not to have the city code be required to acquire some additional land but that any reconfiguration would be adjoining that school property okay let me ask you a question if in for let's say we agreed to the deed exactly how the agreement the conveyance exactly how it had is tonight and let's say that we go ahead and arrange within I'm all for the school district having that piece of land there but and so let's say we essentially swap as you said that people in for another piece of land the school district has and let's say that joining right in that area over there from people and let's and let's say this the we don't build anything on it for four years well the current language in there says everything reverts back to you and that's what I'm striking tonight I'm not striking trying to come to it any agreement with the school district on some kind of joint use facility what I'm trying to do is for one thing make sure that what is what we want as a school district and a city coming to an agreement doesn't fall apart in four years because that could happen according to the current language well originally the language in the deed was there was a two year limit on and after speaking to several individuals Jack Murphy being one of them Jack reminded me and I agree with them that that sometimes it does take you know a little more time than you anticipate to get arrangements made like that so we double the time from two years to four years at the advice of the city one of the reasons that I think that it will get done by that date is because in speaking to dr. mossman and I hope I'm not speaking out loud she indicated that they're going their plans are to do a bond issue in May in spring of 072 to build two of the three schools still Terry so with that in mind I think things are going to probably progress fairly quickly they're going to obviously want to move pretty quickly to stay ahead of the growth curve with those new schools so I would say within even by that time they're going to probably have their master plan done if they don't already are they're going to have it tweaked so I would say back in 07 it would be very simple to sit down and come to an agreement on and it may be that the parkland there now might be half of it would stay where it is and the other half just kind of folds over to double the size of it but whatever configuration the intent was let me go back just a little bit more in history how are they how are they going to get to that park well the school I'm going to put I'm going to build a bridge across gum by you and then I'm also going to extend Lawrence Road or loose 96 through that commercial okay to tie into the school track okay and so i will have roads tied in from 96 that i'll put in and also i'm going to a bridge with pedestrian crossing so students can walk and ride their bicycles to school all right we'll connect with South Shore Boulevard and that's part of the master plan of League City that were fine under connect to understand that the connectivity are you going to provide a parking lot for let's say somebody from across 96 to if they want to utilize that part are you going to provide a parking lot no for them this rule is going to put their their roads in to connect not only two hidden lakes subdivision but also to marbella so that students can drive and get to school to and fro without getting out on the highway if they so desire and here's one here's my concern there's a lot of things we have to work out with the school district we have to work out parking because when we develop a park don't wear some gin don't we have to provide parking spaces and that sort of thing what about but what about restrooms every time i've been in some some parks ever restrooms some dollars you have to have an accessibility to the park and the only way we have accessibility is probably have a joint effort with school district maybe using their parking lot is a public facility right and so we there are other things that we're going to have to work out with the school district I don't know how long that's going to take that's the reason I would like to take out and strike the requirement of the time period that is in this agreement and that's what my motion has hopefully done the night councilman kini if I could make one statement originally when my PUD was approved I was not required back then I could it be I had a choice of India to dedicate 11 acres of park or pay the two hundred dollars per lot part fee it was either or it was my choice at the time I decided to do both so I was not required to dedicate this 11 acres of park I chose to do so for one of the main reasons why I chose to do so is because I felt like the area needed apart to service the what I was going to be developing so I don't want to see if it sounds like I want to hold everybody's feet to the fire I do it's self-serving I want to see a park out there and what I really want to see is part in conjunction with the school's amenity park so that it ends up being a very well-planned regional park we're talking you know the school 60 or 70 acres plus it's 11 that's a big part and that's what i want to see to service as part of the overall master plan for the communities that I've been developing and I'm going to be developing so I agree I like that's what I think you could do that I don't want so I don't want this to lag on and lag on and maybe all the faces if I'm still here and all the faces have changed and everyone else has gone I don't have to deal with someone new that may not be here then say we'll wait a minute we don't have to you know I want to be able to have an agreement with the city where we do have some timelines and I think we've been really generous in talking to the city about and I've also told the city that if they have any trouble setting up meetings with between the school district in the city to court these things on this item I'll be happy to set up the meeting at some place and I'll take I'll take responsibility for getting the two parties together but I can just tell you if both parties want to get this done and answer all three parties when you say both for the city and the school and I certainly want to get it done you're right three parties I just feel honestly mr. Feeny that for years is more than enough time to get this done and I've also told Jack Murphy and other city officials that if we come up to the to that point and it actually does lag on for four years and we come up and we're making progress sure i'll be happy to sit this because i want to accomplish the same goal that did everyone else does i want to see a park there what I don't want to see happen is and again this sounds a little self-serving I've dedicated 11 acres of land that's very valuable land from a monetary standpoint and I did it with the sole purpose of wanting to have a regional park there and and I want to see that happen so if I'm you know believing the point of wanting to have a timeline set I do because if we leave it open maybe all of y'all won't be here but I'll still be here have to do battle with that so leaving it open ended I may never get a part there and that's the reason I the question was also asked to me by one of the Park officials is could we accept his 11 acres and and dedicate this 11 acres or sell it to the school or give it to the school and then go build a park somewhere else in the city and I said well no I mean the whole reason why I dedicated is 11 acres when I didn't have to is to have the park there because we don't have very far to learn that first time I need the i guess the city attorney to clarify does its stipulate in here or specify that the land that swapped if we if we do swap something with the school district does it have to be this this land that the school district owns does it specify that the special warranty deed states that the city has two conditions or conditions one or the other the first that the city hasn't used as a public park the second condition is its to or condition as separate condition is that if the land is conveyed to declared creek independent school district within the four years that's given to the city in exchange for a similar-sized tract of land 135 acres okay then that alternate property that the city receives from the school district has to be used at a park the alternate property would be the property that school district gives to the city and suave the plain reading of this is that if the city fell to use the alternate property receives from the school district as a part in the land we give to the school district reverts back to mr. boy so that would be the school districts of decision on how they want to handle that type of transaction I wouldn't want to speculate on how they would handle it but there may be dueling inverter clauses were about we felt used to get the profit they gave to the city and they have to get the property the original 11-8 respect mr. Boyd and we have to conduct our property back to the school district so that that's I just want to clarify that no okay mr. Polanco did he looked at this and he worked with my attorney on it no made revisions to it and he did he was okay with this okay I'd like to ask mrs. sharp as a board member of the parking partment a couple of questions if I could if she wouldn't mind Mr Kenny if I could say that the parks board MP + Z approved this piece land and the reason that the parts court approved it is that mr. Boyd has met all the park was requirements he has not only paid the part edification fees of 200 per lot but he has also created the H way parks in the HOA the park needs so this 11 acres is just additional lane okay um thank you very much miss sharp I guess one question I have is when this came before the parks board is this which you understood that the action of the parks board was taking that day we were asked to approve the nice a rule for the addition of 75 acres I have my staff report with me we did not have a discussion about the location of this park the contiguous miss to the school property the parse board in the past has taken some land that has not been so usable and we have sort of decided and whether that applies to this or not as a matter of opinion but we have sort of decided we're not trying not to do that anymore so whether we would have thought this trip being landlocked was a problem without the school we did not discuss this he has met all these other things according to hartsville but the location of this this situation we did not okay thank you very much councilman barber thank you is there a way to get that back up there because i want to ask mr. boy a question thank you for bringing it by the way Shawn thanks mr. Boyd if you earlier you mentioned about some of the roads that you plan to build but you were kind of just pointing toward the screen i was wonder if you could actually point to the diagram on the overhead with your regarding the road yeah because I I had that same very concern especially if you know how people going to get to it and if we're taking that you know initially as a as our LAN this road right here I'm going to build this road off of 96 which will be an extension of Lawrence Road across highway 96 and then I'm also going to build a bridge over the gun value to connect this road that will be built that will connect the south shore boulevard south shore boulevards already in and it's dedicated to the city the city now you know that owns that that right way the school then we'll put their interior roads in to connect over to marbella and over to they're going to have to put these roads in any way to connect whether the elementary is up here junior high here or high school or in reverse they're still going to have to a road in here to connect all three schools so everyone can ask him and the idea was in the idea was as I said before and I I respectfully differ opinion on the issue of whether this was discussed the locale of this parkland it was discussed mr. Randy Riley was there representing me if a park board meeting and we did discuss the location of this we discussed the ask me it was in the floodplain which is not they asked we talked about access and we talked about the same thing that we're talking about here tonight that the whole idea was to do coordinate this parkland and there would more than likely be a swap or a reconfiguration of that to tie into the school part but this will be connected it might be that the park land is in this area over here in this corner but the school is going to want to connect that because it's going to be connected any way to their a manatee park okay dressed now school now given all that because one thing I think I'm reading into the the motion with stipulations this is more for you than I probably come back to you depending on the sensor one of the stipulations was that we are able to dedicate it to the school had that first thing you had two different things because I this is really important for me my main concern is that that we are not constrained by time now that was the second was approval contingent on us being able to donate it to CC is being able to see because I like where you're going with that because you've brought up exactly the same thing I was going to bring up I was second on the cube but here's here's the thing and I want you if you want to further quite fun the thing is okay so we're able to what if they don't accept it for whatever reason what if they don't even pass their bonds and I mean so then we're left with you know an area that's all that we've already taken deep for foreign dedicated as parkland if we vote YES tonight standing right if we vote yes tonight we have that piece of land and it's ours and it's dedicated park so we can't even change it to use without going through a process right is that correct but that's still free land so I mean we understand it the deed says two things even number one that the city will use it as a public park our number two and it's an option you got either or you can swap land with the school or reconfigure this they're kind of swap at the school so that as long as that 11 acres whatever you swap for is contiguous in this area right here you know so that it's part of the area of the school I think I understand that and again if we just based on the wording of this item and everything are we accepting it tonight originally as part you're accepting that subjects of your Roberta conditions which is if you fail to use it he fell to swap the land with school district at the four years did a fifth year you fell the use of love makers as a park he reverts back to mr. point actually we're not doing that because i changed the m emotion i altered at them well do coffee if you offer the words of the born today then this deed will not take effect and we'd have to go back to the drawing board in English boys here's why I wanted to do well the other boy could agree to it tonight we still would have to draft the warranty d and I would prefer that i would recommend that we aren't Chinese language in a warranty deed that we bring it back to Council next meeting so it could be properly done oh god of war actually I dare the floor and I do want to say this before you go into that because here's my deal why why this meeting right now the school district we have met with them about the specific use they haven't had the bond that presumably would be able to finance everything you're hoping they will be able to do wine tonight why do we need to do this what does this mean to you tonight I don't care when we do it because it was yeah I just like to do it I wanted to do it before the end of the year so that we can just get it's just year of in business I'd like to take care of this this is something that I agreed to do a couple of years ago and it's been you know it's now time to do it now the only reason I want to make this perfectly clear if it doesn't become a part I want that stipulation in there because I didn't have to give this 11 acres to the city if the city wants this land and they're going to accept it I wanted to be used as a city park it's just that simple that's all and it revert back to me okay and I mean I can't really use it for anything now so what I would end up doing is probably just giving it to the school but what I want is what I stated and we tried we gone over this for weeks with Arnold pelant and you know we have this resolved to wherever one would comfort with but I understand your concerns here and I can only tell you from a time standpoint mr. Keeney I am motivated to make sure that the school and the city get together on this and I've spoken to dr. mossman about this as recent as a week ago and she said bring it on let's get this done because it's going to begin to the whole area well before I give up for just my last statements I don't see any reason why we should do that tonight plain and simple eat I think there's still more stuff we need to do before we do this yeah actually i think i'm gonna bid my motion to table decided well I'll second that the second currently on the floor excuse me is by Councilman cone so councilman kini is going to make a motion to table the item councilman codes that you want to second the table or do you want to yield and let councilman barber second it oh you okay so the new motion on the floor is to table the item by council makini and it is seconded now by Councilman barber the item 22 table is now I'm going to clear the queue and we will now vote not yet we're going to vote it one home well yeah you know what I'm not going to do that because councilman keenya if you want to table it if you want to change your motion I'm going to allow you to do that but only when you have the floor right now councilman barber has the floor and when you yield councilman Sanborn is next councilman tad Nelson is next and then councilman Sanderson was next and then you're in for so if you want a table at that point i'll let i'm going to go ahead and let the debate continue i believe i can change at any time may change my motion however i know there are other people that would like to discuss this issue and so therefore i will withdraw my amended motion and let the original motion stay long enough for the discussion to occur councilman bob are you ready for the few new things are happening all the time that I'm finished discussion for now okay Councilwoman Sanborn my questions are kin if you could come up under a question issue for you I know that you were responsible according to this for putting it on the agenda and the staff recommends approval but as director of parks and cultural service what is your position on this land and do you think that we could meet the four-year requirement when I first met with mr. Boyd when I looked at this particular track the dimensions of this particular track you're looking at 200 foot width and 2400 link and I think the limits us as far as well we could put onto this particular part I'm not interested you know I don't think we're interested in HOA park I think we're looking at a community or regional park so does dimensions don't really lead us towards that direction but mr. Boyd did fulfill his requirements as far as Park ponents and I hate to say this is free land there's no such thing as free land but this is something that he's given to the city to hope that we can work out with the scooter drink to come together and build a regional or community park but if that doesn't work out it goes back to mr. Boyd and the city really hasn't lost anything and if we do work that out with a school district how much would you say to get a usable part for it depends on where Kyle amenities we would like to put on there and then Stefan have to go back and look at the cost but right now it's the way it is that 200 foot with and 2400 length they're drunk they're only some certain things you can do with that thank you yes sir councilman's had no [ __ ] about a few things how many acres I mean I just wanna explain everybody what's really going on it how many acres of property is the school district have 130 they have a hundred thirty and that's this mystery has 11 that just happened to be behind it what he's trying to accomplish is to put the school district in the to a place where they have a hundred and twenty-one acres and then they can put their park wherever they want that's what I'm asking Perry people talking about how bad this area is for part that's not the point their property will extend all the way to the end of the mr. Boyd's property they can have parking lot back there they can have a baseball field they put that park anywhere they want on that that place and if they're going to have three schools I can promise you every acre that they have additional benefits the school district there's little doubt about that I've talked with dr. Boston about that I mean this is a win-win for everybody and you know I guess we can say yeah we had to fit a little park on a sliver of 200 x 2400 nobody has said that correct okay that's not as a matter of fact I'd be willing to bet a dime to a donut that would never happen what they'll do is extend their property and then put their park elsewhere on that property and it'll be perfect it will be great mr. Boyd will get the park that he wants CCISD will get 11 acres free and everybody would be happy and if it doesn't work out he gets a piece of garbage land back do anything on that's what's going to happen so I'm voting for today I think it's a smart thing we should have done it last year despite our problems mr. Boyd councilman Sanderson I really think this is kind of a no-brainer mr. Boyd has met his financial obligation to contribute two hundred dollars per lot he doesn't have to give us this land at all it seems real clear to me that what's going on is he's giving the city this land saying please use it as a park no one has any realistic intention that we're going to build a park on that narrow strip of land on the other side of the school districts property he's giving it to us so that we can go to CCISD and trade with them to put a park in a better located spot on their attractive land and in looking at the deed we don't even have to trade 11.03 for 11.03 acres just as we can trade a similarly sized tract of land so maybe they want to give us eight acres instead of 11 and we can put a regional park there right yes I mean there's no downside to this for the city whatsoever is there he's giving us land that he's not obligated to give us and if we don't use it to enhance the beauty of that area by putting in a regional park he gets it back pending agreement between the school district innocent okay now mr. Nelson mentioned increasing the size of the CIA's link we can't actually donate it to ccisd right we have to trade it in my mic park mr. turn well the I'm just addressing the day to dig the reflexive tarantula it's okay so so either way you use it after four years we used as parkland are we trade it with the school district swap it out the school district we can't just per se donated to the city or to excuse me to the two ccisd with to trade it for well I guess you could donate it to ccisd they don't use it for Clark is going to revert back to mr. boy right we donated to CCSD they have to build a league city park or does it have to be you know I'm a little bit confused about whether it just has to be public park or the city park I mean if there's a difference i guess if the the way it's worded there's two conditions this is used as a public park uses public park by the city are swapped out with the school district now if we were to the city were just to donate it straight out to the school district that could be considered possibly a violation of the steve unless he waived that requirement in the in the school district start using it as park if the school district failed to use it as park certainly this lead requires it to be reverted I unless I've been further resourcing a memorandum cuz my initial thoughts on so so it could be a park at CCISD as long as they say this is a park that we're putting in place because of the 11 acres that was was you know donated by the city of League City that was donated by mr. boy well that would be the CC is DS understand with mr. boy they would have to clear that with mr. boy if the city was going to donate the property without no swap to ccisd then in Bethesda ccisd to reach under state of mr. Boyd on this warranty long as its public park it's okay with you I'm asteroid I think it's great i'm voting for it council makini you know it disturbs me that we keep talking about as long as ccisd does that as long as ccisd agrees to this if CCISD will fund to maintain and improve a public park so you're asking now if you want to consider your your thought process you're asking now ccisd to maintain a public park you're asking CCISD to improve a public park and that's not their responsibility that's not CC is DS job to maintain and improve public farts now would they do that I don't know why don't we try to figure out and talk to them first before we start entering into agreements where we're saying this will work if ccisd does that let's talk to ccisd I don't know if mr. Boyd has I mean I know he has a time frame of I guess cleaning house at the end of the year and he'd like to get this taken care of but is there anything wrong with let's talk to ccisd since obviously we're all hoping we've all agreed that that 10 acres up there is not usable as a park the way it's configured it's not usable and that's agreed up here however what I don't see is an agreement of what is going to happen and I think that that's what we start need to start working out before we start entering into other agreements and that's and that just makes sense now there is nothing free this may appear to be free land but if we don't do anything and we're not able to come to an agreement and that schools not going to be built a high school takes something like 30 months to be built so first of all the schools not going to be built for almost three years we're going to have to maintain that we just approve the multi hundred thousands hundreds of thousands of dollars to cut grass in the city and that's the taxpayers expense I would like to make sure that we can work something out with CCISD before we encumber our citizens with maintenance costs on land that's not usable it's certainly not usable current configuration the attorney needs to speak before new one council member sindelle someone forgot the address sir there would have to be the research on the issue of we're not sitting and give away property for free yeah which other I think we've had three something some quantum meruit something back in value it may not be landed at be something else so that'd be another issue that you'd Oprah would have to overcome before you could dedicate land to the school district either way that you're reading of the deed is the context of nature of it is leaning towards a land swap with the school that's correct thank you yes ma'am our staff report said was about City Council required to develop dedicate councilman barber actually she just said one of the things I just heard a few moments ago that wasn't required I think that's an incorrect statement because i think what maybe what was meant was that it was required by the parks dedication ordinance at that time and yet others as i understand a negotiated document when we grant one we can ask for whatever we want that they agree to and we agree to it and we pass it so now it is required that 11 acres is required now okay so during during the time between now if we took it tonight and at some point is a given away or or not developed a reverts in that time we are on the hook for the maintenance of it somebody calls us and said the weeds are really high we're on the hood so that the question that not a single person has answered tonight is why should we do that now when so many things that are up in the air and we haven't even had a dialogue with a school district even though it's all well good maybe an individual has but I'm not going to do anything until I see them talking I have a chance to talk with him about it especially in an open forum so I I think it would be irresponsible to pass this tonight nobody's told me why now even you yourself said well no it's not time sensitive just doesn't make sense i got a bad gut feeling on this one Thank You mr. board I want to clarify something about I was not required the city ordinance at the time that this took place did not require me to do both it said either two hundred dollars per lot or 11 acres of land that that needs to be really clarified and that's what the CEO arbitrated time so I agreed to do both Sam last equipment councilman Sam going on with you now CCSD I think covers 12 municipality and I think when we have a council member even mention that so cci SD gets it they build a public park I think that we probably as mr. kitty said should talk to ccisd because I have no idea where the ccic funds particularly bond funds can be used to build a public park so I think when when we start discussing what cc is will do and how they'll do it and if they'll build a park and if they'll maintain it particularly a public city park that that we need to be real careful about that mrs. Sanborn it's my understanding the intent was never to get the city or get the school to build this part the intent was to coordinate the configuration of this park land with the school and it's like councilman Nelson said it's going to end up being all kind of together you know used by the park by the school and whatever you know the city and the school agree on on a configuration of the part that particular winter and you may end up with eight inches or whatever it is that's why we didn't limit it and say it had to be 11 acres it's whatever everybody ends up being comfortable with but the intent is that the school is not going to build this part the city will be that responsible but i have seen in the past CCISD or i should say the city and ccisd not exactly see eye to eye and and that could happen if you don't have an agreement not you that could happen if we don't have an agreement well to have an agreement now this could go on for a long period of time that's why i left is we double the time from two years to four years to say that you can get an agreement now it won't happen because the school doesn't know exactly where everything is going to go but in a four-year period of time that is more than ample time to sit down with the school and and maybe the history has been that you know there hasn't been as much cooperation between the two entities but i would suggest that you need to because they're interconnected we all know and i would agree the growth i'm here developing because the city is a wonderful place one of the reasons it's a wonderful place is because of the excellent schools in this area i would not be developing here if it were not for Clear Creek High Speed they are just they attract people to this air so I can just assure you that if if my help is needed I offer my help to put the two parties together and to be involved in any way that I can but I can tell you that after speaking to both parties I can tell you from my standpoint both parties are willing to do that sit down together mr. Boyd could we put something in the in the d like for instance what's ground is broken you have four years to build a park assuming that the bond is going to pass you know we hope that happens so we can can get these schools but couldn't instead of the four years starting so quickly because if the schools aren't there we're not going to have to park there you know access to the park roads to the park and all of that could that be changed in some way well we can change anything and y'all I mean y'all just do whatever I mean I will abide by whatever this council wants to do I want to see a nice regional park there and just you know we can sit here and play what if I mean what if these girls aren't built but what I mean what if a truck hits us all tomorrow I mean the fact is there are going to be probably seven thousand plus new homes built in that corridor from 272 146 from 96 down to 646 just the stuff I'm developing is going to for 22 million homes well the school doesn't have a choice if they're going to stay ahead of the growth curve I mean we all know that they have to build those schools and they have to build them quickly they need that elementary in high school now so I mean we could sit here and say well what if it doesn't happen I think the citizens of this this town in this city and the school districts are smart enough to realize that it's necessary it's what it's what creates this great atmosphere down here and I don't disagree with that at all my point on the what EF or if we could add it in there that once grounds broken on the school that we have four years to build that Park or within four years we built that Park I mean I I think that that's to me that's a simple I not a simple compromise but it's a good compromise how about if we said four years from the time of their bond a successful election well hold on this hold for a second because attorney has already advised us of changing a warranty deed on the fly we I think that's where we all get in trouble sometimes I mean if they do a bond election visit San born in the spring that's only what five and a half months away six months away that's still going to leave three and a half years you know to get things rolling it's where we all want to be I just want to see a nice park Thank You mr. Boyd mayor sam i said one or two questions there counselor cones yeah how's Raquel but I think we're beating this one real late in the night here just one quick question we need their need to either postpone it move on get off of it or pass it tonight can you give this land to the school district could I yes you could have given this land to the school district and not come up here tonight probably so I understand that but the point is is that we got 11 acres of land I think we can work out with the school district and find a different location Mary I just have one question for you is this 11 acres required I do remember that mr. Boyd was back in the time of the two hundred dollars / / / lot do we know that for a fact or not I think that's a big question here if nothing else happens and it reverts back to you but it's 11 acres of park lane that I think the city ought to consider Councilman Jim Nelson wall sir the way I see this whole thing is that this is unimproved land until something happens out there so it's going to sit there we're not going to have to take care of it until something is developed so what are we arguing about cutting grass it's not even I don't understand what's going on here I think we need to pass this tonight and move on bouncing a tad Nelson Sam Sam classy one push up mr Barber made a good comment um you have a putt agreement on this yes sir and in the pedigree thinking part of your agreement was to get the city 11 acres in addition to the 200 hours so you've agreed to do this yes sir and it was it agreed that it was going to be this 11 acres we didn't it not specifically no is this pretty much the only 11 a because you have left that you could give yes so in essence we have a pot agreement with you where we're supposed to take on 11 acres and we get to do that I would hope so sounds to me like we broke here anyway okay so council makini at this time you're going to change your motions that correct the table actually mayor what I would like to do is withdraw my motion okay so you're going to withdraw I'm going to leave for the record your first motion as the first as the only motion which was tension there is no motion on the floor I'm sorry that's that's what he said he's were throwing that a realignment but I'm for Barbara's sake I'm lettin Barbra know that the motion that is being withdrawn was the motion to approve contingent on us giving it to ccisd and to strike the the return if we could not that's being withdrawn so council cones it's your second now do you have any mirror go ahead and make a motion to postpone it indefinitely two against more answers okay council McCombs has made a motion to postpone indefinitely seconded by counseling barber is there any further debate on this hang on please vote actually we're ahead the queue I'm sorry and I would just like to a long hold on hit the cue for me because tad one can also go ahead counseling kini actually I would just like to say that as mr. Cohen suggested that we should act quickly get with the school district and and I think we can come up with a very workable situation where we create a park on the somewhere on the outside of that hundred and thirty-five acres that's that's going to be great but I think we just need to do it I've looked forward to it and I'm just wondering if you're going to take the lead on that are you talking to you sir oh absolutely you bet you okay so emotional for of councilman sadness I just want to ask that they can help me out or the attorney I just going to know what our responsibility or liability as for that matter when we make an agreement with somebody in a puddle and it's clear when you look at the land that they have there are only 11 exists in acres and we don't take possession of them like the putt agreement says I just want to know legally if that causes a problem down the line somebody could look that up for me and also if you don't mind throwing up email me wearing the putt agreement it shows that we took that we were supposed to take the 11 acres I just kind of like to look it up myself thank you very much I'm meeting with dr. mossman on Thursday on another another related items so I mentioned it to her as well counseling can hear you back on the q no okay very good with no further debate please vote on the motion to postpone mayor just for clarification who seconded by Councillor barber head thank you for counseling barber columns Keaney and Phyllis and born opposed counseling Jim Nelson Ted Nelson and Chris Anderson motion to postpone passes item number of a reports from staff member tonight but like to introduce engine and it's Kenneth Baker he's the manager of information systems area so we're glad that he took the time to join us here tonight thank you welcome to ward councilman anything else first okay item number nine old business from the Supplemental agenda 9a consider take action on authorizing the mayor to execute an interlocal agreement with Galveston County Texas for joint funding for state highway 96 improvements and authorizing the expenditure there to would approve sorry councilman Ted Nelson made a motion to approve second by Councilman Jim Nelson this item is now open for debate council makini I guess you know I've worked pretty hard to bring this forward and I missed but one of my questions is the authorizing the expenditure there too what that what is the implicate what does that mean I mean I when I read it it says we're authorizing the expenditures what what expenditures and how much are we talking about how how's the city going to come up with that money I'm just wondering why we needed to put that additional text in this motion yet he recommend to me I'm asking the city authority unless you know where actually Chris Reda and I both are aware within the last state highway task 96 Task Force which at this point I'd like to thank very much the citizens that participated in that it included txdot Galveston County fact Council kini I thought you were actually there anyway I called the meetings okay start oh absolutely ok so I don't know how we miss this but this was where the we're going to piggyback on txdot on Galveston county's agreement with text dog we have to find Chris what is it three million 3l 3 3.5 million and this is simply instead of us writing a check this is what TxDOT will use that we have ratified and agreed to pay we just don't have to pay today okay so really this additional language here really is kind of redundant because if we execute the local agreement for junk joint funding I guess where are we in that motion were authorizing the expenditures so I just I was wondering why we you know but I see redundant language I try to figure out why is it redundant but it just sounds like it's redundant because the joint agreement interlocal agreement already has the amounts in there any further discussion on this issue I would like to bring something on there if everybody would go to number three towards the end of that paragraph I just wanted to bring the council's attention that it says if upon termination of the advanced funding agreement of a some less than seven million dollars in other words if TxDOT spend some of that money and they give the reimbursement to galveston county will only get fifty percent of what they've gave what they've given Galveston County back so we'll have no recourse with text stopped because this agreement is with the county I just want to bring it to your attention council Macomb Chris if I'm I asked you I just want to make double sure here that after reading the agreement casino we're in there where it states about the unfunded liabilities that we have for change orders like we had on highway 96 I want to make very clear that we're not stuck by agreeing to this for any overtures or expenditures that or above this at this time I don't see it in the language but maybe the attorney can address that I believe that that was addressed and textile has agreed to fund all of the yoga jizz but I wouldn't miss the councilman conscious his right eye and I haven't read through this particular document but it certainly needs to be in writing is that the way you understand it that's correct our contribution in assignments it to the 3.5 million the only downside is like assistance a mystery restated debt if for some reason they do some studies and they decide not to go through it we can't we don't have recourse if we received less than 3.5 billion if we received 3.4 million understand but state highway 96 we were tagged with 8 million dollars overage after sending an agreement that we would we do not have everything over we do not have agreed with text I don't see that issue but that's not the point thank you motion on the floor by Councilman Ted Nelson to approve seconded by Councilman Jim Nelson with no further debate please vote for words an animus motion passes and rusev item 10a we have a number of supplemental barbershop I skip something tolerating can a consider take action on a request from Reverend Edwin bamberg spirit and truth Family Worship Center for variance to ordinance 2006 720 property generally located as six acres out of 76.3 80 acres of stephen f austin survey abstract number three Galveston County Councilman Ted Nelson's made the motion to deny Councilman Jim Nelson the second to that motion is now looking for debate councilman Mike Barbour the notably first I had to dialogue with some staff after our last meeting and by the way I wanted my goal is to make sure that you're able to do this without the additional cost and there was another way that that i thought was proposed and maybe it's still in the works which was that we put in into our ordinance verbiage that for nonprofit agencies such as church whatever that had submitted prior to that fund that we could not have that increase in cost for those i don't know if that didn't i find out that that just wasn't achievable or where we at with that process because to me that's a much better way of handling it and still getting into what you need we did look at that that was one of the items that we discussed and with that you would ultimately have to go back and recalculate your rate study to show the shortage that you'll be estimate the shortage you would have in your capital recovery fund in order to do that okay so that's still so which says it's still in play and still in process or you're looking to see what happens here and i provide something that the staff would recommend that we do at this time okay see and Mary I believe you also explained to me because I was inquiring as well that if even if there was a variance that that had to be paid by the city the way it was explained to me by the city attorney and we sat down with him is that even if there is a variance because the state law requirements on guiding the crfs and CIP issues that that money still has to be paid because you have ultimately when you adopted that great study and your capital recovery fee great you have said to the state this is how much money we need in order to take care of our infrastructure and to take care of the impact on our city's infrastructure and by granting those variances you're now saying I don't necessarily need that state so I still got to put that money in because I told you I needed that but that truly is what the impact it councilman Santa Councilwoman Sanborn Mariette if this was done with the church out over there by the big league dreams and I know that that there's a new church going in on Brittany babe if we did for one would that legally bind us to do for every church that came before us or every nonprofit I mean if you do for one which i happen to be a member of one of the churches of this building don't you have to do in frome that's a great question this you face is if you grant a variance to one nonprofit worth of church or some other nonprofits and if another nonprofit request that same variance you don't give it then you're starting to look at it possible you're treating different classes differently or same class differently in other words whatever you treat one class you have to treat them equally so if you're treating one nonprofit differently from another one that's not a good position via you would open yourself up to other people wanting the same consideration and if you refuse to give it then you may be subjecting yourself today possible claim and Mary we talked about this earlier because I thought I had some questions about this too because I want to be fair and equitable to everybody and you know I'm very excited about your church coming in there you've got a you've got a great site and I know that you're going to bring people in with your ministry but has a has have you ever or have we ever waved the CRF please that since you've been here not since I've been employed with the city city engineer is also shaking his head is never bed that's never been done okay well I Councilwoman again as I was discussing this with Mary because we all you know aggressively looked at this the day after the last council meeting because we all wanted it to happen but it one of the first issues we faced was obviously the YMCA right they'd be knocking on our door under the same circumstance it's just it's just it's middle is unfortunate of things councilman Collins again mayoral disagree with your comments for the simple fact that I think what we're talking about is not waiving the fee for the church but reducing the feedback down to what Kepler recovery fee was prior to joy of the 26th of 2006 in this special situation the Reverend placed the plat to the city back in 2004 to build this church he came before the city took drones and so forth and there were some complications with the site review and they had to go back and redo it and then he came to the city for a building permit at which time he was told that the fees doubled completely doubled I don't think we're looking at giving waivers to the YMCA or given the church a waiver but we're asking to be fair to the people that were in the process a process of capital recovery thieves and that is we're not the leading all of the fees forum were just simply dropping the fees back down to what they were when they were in the process and the process was like they submitted a planning they submitted a klatt to the city and move forward and just was called up in the time period of July the 26 so therefore we're not waiving fees or capital recovery fees or deleting them for the church but only lowering them back down to what it was initially when they started the process but I would also like to read in the local government code chapter or section 395 dot 0 16 the time for assessment and collection of fees it says the political subdivision may assess the impact fees at any time during the development approval and building process except as provided by section 395 0 19 the political subdivision may collect the fees that either the time of record ation recording the the plant of the subdivision plant or connecting to the political subdivision water or sewer system or at the time of the political subdivision issues either the building permit or the certificate of occupancy so it's to me it sounds like that we can collect these things at different times in the process again i'm not stating that we ought to lay these for for anybody especially if they are an impact to the city but i can only tell you that where the church is located Larry do we have water out there now at that location yeah there's so there's water so really the impact is not like running a water line three miles down the road to a strip center or to the church let's say if they were on a vacant road water is in the area so therefore the capital recovery phase and the impact to the city is not what's really displayed in this data sheet showing that the citizens are going to have to pick up the cost which I disagree I I strictly just want to be fair to the process and I've said before that I think anything prior to July the 26 when when a person has brought their plans and their played into this city should be stuck with the the rules and the laws in the ordinance in place that thats and be like us one by a car today and being told that the interest is seven percent and we go back this evening to pick up that car after we made our transaction and then tell us that now the interest is 50% on that loan so I'm just saying we should not waive capital recovery fees for anybody not saying that I'm only stating that we should reduce them down to the impact fees or at the cost that when they first planted their plant and that was in two thousand and thorne and they had complications now the church's is ready to move I think we're doing a disservice by charging this church and only this church the the fees of i think it was fifteen thousand is that correct revered instead of the seven thousand dollars like they were told at the permit process Thank You councilman Sanderson married couple weeks ago we had a a presentation for council from the owner of servel homes and I recall that his complaint was that from the time he had gotten his plat approval to the time that he was going to build in his last phase that the capital recovery fees increased and he was before us asking what would we let him build at the fees fee structure that was in place when he first got his plan approved and we had to vote too did we go to deny that no sir we postponed it it's been postponed okay so I mean so it's a timely issue so the only difference between service requests and this request is that this is a church or a nonprofit organization as opposed to a for profit builder develop the right other than that it's the exact same situation or not it's the fact that this is a non-profit in mr. Issa mr. um Colin Colin mr. Holman that came before us was asking to pay because he'd already built four sections of his subdivision and wanted to build the rest at that same rate and at that time staff told council that there were approximately about 2,000 lots out there that were also in the process of planning or or being developed before council amended the rate so the staff of full some of that information and quite frankly not even considering the commercial properties that are out there we all know that commercial rate is a lot higher for CRF fees than residential we came up with just a quick and dirty 1737 tracts of land that would be impacted or could possibly come back to council and asked to also be allowed to pay at them at the lesser rate prior to council increasing the rate in July and we just wanted to bring that information back to you I believe one of the council members asked if we would pull that information together and we did so if I understand you correctly what you're saying is concern that you have a staff is that if we grant this this request now and allow this applicant to build that the lower fees that were in place when they first submitted their plans that we're going to have to turn around and consider doing the same thing again to mr. Holland or any other applicant who may be in a similar situation where there's been some delay between the time they got their plat approval and time when they're actually ready to permit and build it now that we've increased our fees I can't tell you one hundred percent of these people might show up but I do believe that it I have the professional courtesy to tell Council this information that it is a possibility that you could be faced with additional requests are there lots more people out there who have had five approvals soon as I stated we only looked at the residential portions we didn't pull all of the commercial set asides that are also in the process of being planted developed and have paid at that rate and these CRS and increase from time to time to reflect actual cost to the city right I believe that's correct so these these these increased fees that were discussing these increases in the CRFs that took place recently those reflect actual present-day cost to the city based on the information it came back in the study that the city had the staff to go out for RFP and do it yes sir does so is it fair to say then that if we whether it's this applicant or any other applicant the grant a variance and allow people to to build that at a lesser fee that we are subsidizing their development as a city if you set the Fiat at one rate and then you're going to allow them to pay it at the old rate then somehow yes with the money having to be paid then yes the city is going to be doing that because the difference has to come from somewhere else just have to come from somewhere or else we're running out of deficit to if you recall a few months back when the city adopted zoning and we agree for 90 days that we would allow people to turn in zoning applications at no charge it was at no charge to the applicant but if you recall staff came back and asked for 25 thousand dollars for to pay the cost of that so what we say to as being no cost is really a cost and it has to come from somewhere because we have to pay other providers of those services so if it doesn't come from somewhere else effectively we are creating a deficit for for our city budget per se and that's from mr. Herbert serve as their Director of Public Works all right calcium excuse me councilman barber or all those concerns that you just that councilman saying this image is brought up are exactly the ones that I was also worried about that I mentioned when we visited with you back in November so I guess I really only have a couple more questions just because I'm pulling at straws here trying to find a way to not do what I don't want to do you said it is stated here I think may be our attorney's opinion is the state state law there is no vesting in the payment of crs let me ask you a specific question are you state are you are you suggesting that the state just has an old lab that hasn't called for that or they would not even allow for us to do that and I think there I hope I state that in a way that you understand what I'm asking please replay okay sometimes the state like for instance in property zoning they the state passed a statute that called for investing in September first 2005 now I don't know if you're telling us that the state hasn't done similar thing for vesting and CRFs or if you're telling that the state prohibits the city from having our own ordinances that call for vesting on something like a CRF alassane vision sainik chapter 3 95 16 get specific scenarios regarding the assessment of impact these four impact these adopted before after 1987 so there is a partial answer to question that require further analysis to go back with Arnold on that give you specific answer regarding is there a vesting the only best thing that that would be close to that would be under 3950 16 but again that's under different scenarios the question that's being asked now is whether or not there can be a variance to impact now I understand that part and so I at this time to answer your question I that built it works I appreciate that ladies follow up points one further question it was brought up that the to build the church you're looking for a shipment of one burn some things there's a process to move forward which would be held up until this CRF would be paid and permitting as allows that correct that is correct is there any way that the city can defer a portion of that payment which will be equivalent to the increase until a later date as I mean is that legal is it possible is it something we could do because you were prepared to at least pay that amount prior to this increase yes and I don't even know if that will put you on the hook now you're worried about can you pay the balance and what would happen I don't know I just I'm just trying to find a way what was it what you could the city defer the full payment you know required to get his process moving forward you could pay what he was prepared to pay our previous serif and defer the rest until later date I mean I I know it sounds like a slippery slope and it seems uncomfortable but I don't ask that that I'm not going to have a clear cautious because I'm trying to find a way here I'm not aware of a procedure I'll know if your organs allows for that my initial review chapter 3 95 didn't state it says that the impact they shall be collected on such such currents that talked about heat the furnace or splitting of the acti whether the city has authority to do that again I have to defer and look at that come back with an answer at a later time the council and it would still raise the other issue which is if we did it for one would we then have to offer that type of finding right my next point would be could we do it in scope that wouldn't open it up to everybody and all these things let me put it through this way I you know for the reasons stated I can't do it there I personally can't do it that way because it would open us to so much trouble church but it sounds like they're just could be hope their follow-up and I'm willing to spend that time and look to help you so I will continue to do that I'm going to look at innovative creative ways there's always a different perspective in a different way and if not then my apologies but we're going to work I'm going to work it's taking counsel mccombs again I'll just lucked straight i think it's a it's a matter of fairness not a matter of if the City Council passed walls that people did not know of and in Mary we did ask you for the information last council meeting which we have not received it yet so I would appreciate maybe sending that information to us and maybe it would have been nice to have the information before tonight's meeting no problem council get it out to you but I would like to say in matter of fairness they were in the process of closing out the deal and so forth before july the 26 or 2006 that is my whole point i find it very hard to believe that we have 1700 planted Lots prior to july the 26 2007 that are on the ground and or have gone through the pansy and so forth but i will will will look at that information but i certainly think that by the i think you may if you like if you make but I think we'd like to have the information next time beforehand but again I think it's a matter of fairness and when a person is in the process we ought to tell the person what their what their do for the city and we shouldn't be changed in laws or changing the process midstream just if we didn't do it on the parks feed we didn't go back and said everybody that was played it had to pay it was from that day forward they had to pay you so thank you House makini I guess you know we went through a long long process on impact fees and first we started off I think with water rates and impact fees and all this coming together and we haven't approved of CIP but you know I don't remember specifically stating you that somewhere in there it dealt with this location and it said you know because this church wants to build in league city gee whiz we know that they're going to have these these many people using water and that sort of thing and it came up obviously this this location was being planned well before we already before we went into considering the impact fees and so how do you make that how did we make that split when we were considering impact peas did we say you know what when we're doing this study on these crfs it's gonna weave when did they start the study a year before we approved it it was a significant time because there was a long delay so I mean there was some land assumptions made would you say a year though we started this please come to the mic for records how this study is actually a culmination of a study which was in place before I came here we completed this study which is a land you study it's basically blind to what what specific properties of the beat areas it has to do with use the residential use is going to be commercial use is going to be certain cop use and each use has a certain capacity that's identified that used but but the study was was originated in the 2000 year and in the original study there he was a two-thousand-dollar any gun thing got froze because of a decision that one time they thought they might be away to see our f ed up together and then it was realized that you couldn't do away with the CRF fees because the financial impact of trying to bond everything to do without the CRF fees and then it was picked back up so this study predates again it's back down to nineteen ninety nine is when it started in the land use assumptions and what those demands and the system we're going to be at that time in between some of that we picked up some additional properties for the west side and some additional development on the east side which came in and introduce you the formulation of the numbers but the problem is if you don't if you don't collect the CRF vs an upfront fee you have to collect that dollar value somewhere and if it doesn't go there it goes into your chili your utility brain so these are tied very closely together if you don't collect crfs upfront you end up not collecting anything everything has to be calculated into your children your children right and it goes through we're so would you say year it was more than a year okay i'm at this last study oh this does he have to tie the studies last a story you have to tie the study to the fee so when I say this study I'm obviously saying the study in its current I'll recommend three years up 4024 dot yeah this disk art form is three years old that's what it's three years old 4024 off this way yeah this depth of the plan development that generated this study began three years ago the land development that does this guy what what we did land use that when did we hire the consultant the consultable zone bore excuse me let me be more specific so i can get the answer that i'm really looking for whether no matter what that answer is i'm looking for the answer to my question i guess my question is is when when we passed a study that recommended a CRF of four thousand $24 correctly that was recommended to us by a consultant that fee we paid that consultant a fee to come up with that number council agreed to go with that consultant for that time period when that would that was over three years ago so they stay that day but it's over three years so they've been doing this study for it took them three years enough we've been updating this study for three when why didn't they come up with the four thousand dollars but there had but they didn't have any changes so in the last three years they said no don't worry about a change don't worry about a change don't worry about a change and then all sudden in the last year they said come up with four thousand dollars with a land development that was created and put on the books approval of flats and properties and putt agreements is what generated this fee plus going back in having to upgrade your circa pacity and your water capacities which were not calculated in prior studies that generated the change okay when do we cook mr. Cohen's mentioned that we could collect the fees at three different times does that is that correct it is when your impact fees were adopted and when it lands play after 1987 army so obviously the fancier before 1980s okay certain scenarios obviously we're talking about after 1987 I believe correct correct okay so did we did we mention to anybody in the last three years is using mr. Murphy's terms we've been anticipating this increase in the last three years when these people came before City Council did we happen to mention to these people by the way we've spent the last three years coming up with some fees and they're going to double on you pretty quickly soon as council approves them that we mentioned it to this group here I couldn't speak to this group we have been telling developers and people came to crc at least the last two years once it was established that this was where the feed is going we have been informing these people that this feed was going to increase and we've been given on numbers that would anticipate doubling at that time which was about two thousand dollars that's total fees would be increased and we just spent them we've been telling that film bet for quite some time when I guess this was set free you know I could not tell you that we have been informing the developing community that this was coming up I know most of the developers know about it because at some point time to fully past it because they were certainly you know it's it's their bread and butter sure thank you mother thank you jack Councilwoman Sanborn feel free but and I would like to help you out but here's here's my my quandary here if we went back to the original fee for this variance here wouldn't a fair thing to do be to go back and when we learn in a database of how you enter it and everybody that plated property in all fairness should get the same thing I mean just because I don't come before council does it mean it's not fair for them because some don't know that you can come before council and request a then a lower fee before july twenty seventh so my question that i have in my mind is if again if you do for one the fair thing is to do for everybody i mean that's that's what i'm sitting up here pondering i think as long as you also take into consideration that as mr. Murphy stated then we don't have to offset that cause somehow right to the tune if you've got 1,700 plants or that have come up before then you've got to fun 1700 right 17 whatever that number turns out to be right it could be more but you've got at least 1,700 there what we yes these are 17 at least 1,700 lots or or what we would call lot of use it when you're talking in terms of the impact visas and essential to be a use and you may have a car dealership you may have a church you may have a community's a wide variety is already a lot of different businesses homes buildings Thank You councilman columns for another chimera now let it go Councilwoman sandbar i agree with you one hundred percent that it needs to be fair across the board for everybody and that's my whole point here is that when we passed the parks ordinance from two hundred dollars to a thousand we didn't go backwards and say to everybody if you're planted you're going to now 0 is 800 more dollars we went ahead and said from this day forward you're going to owe a thousand dollars per lot if you're not if you come into the city that's what I'm stating now I think I think that we should have clarified this long time ago during the CFR's might have been a little bit easier but again does the church putting impact the city that's the question and as they know because where they're at there's water lines so therefore the city is not running a 12-inch main water line out there causing the impact they're going to be paying 7,000 or 8,000 dollars to cook up to our water and pay the Capitals recovery phase so therefore they are paying their share it just happens to be right in the middle of a change from City Council thank you the motion on the floor now the motion is now closed it was originally made by Councilman Ted Nelson to deny seconded by Councilman Jim Nelson with no further debate please vote for izz councilman barber Jim Nelson Ted Nelson and Chris Anderson opposed councilman Collins kini and Phyllis Sanborn motions denied passes we now move to item number 10 be consider and possibly take action on acceptance of municipal infrastructure to serve walker street from centerpoint drops of state highway 96 in the tax increment reinvestment zone number three center point mr. move to approve councilman barbers met the motion to exclude letter counseling Jim Nelson has second at this motion is now open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item number 11 a consider take action on an ordinance amending chapter 90 of the code of ordinances of the city of League City and titled signs permitting the placement of temporary signs for promotion of participation and amateur athletic organizations Councilman Jim Nelson has made the motion to approve seconded by Councilwoman Sanborn it's not most is now open for debate hearing none please vote for is unanimous motion passes with Councilman Ted Nelson out of the room item number 12 table items subject to recall I have none 13 council members comments and report councilman columns Thank You mayor I've got to move it up tonight but I got first-inning there you go i did that just for you have breakers i just wanted to say that i hope that everybody will say a prayer tonight for sherry color who used to be a city employee for 35 years in league city she was here for the 16 years that i work for the city she was a really a trooper she she overcome many obstacles to get to work but sherry was always here and sherry really loved her work and loved this city so please keep her in your prayers tonight she did passed away this week so as an employee for 35 years I've even like to maybe in the future see if something in the finance or water line that maybe we can name something after because she was a very dedicated employee this past weekend or two weekends ago we we had the holiday in the cart parade and it was a very successful event I think staff especially parks department and Police Department for everything they did make this event very Satan and again that's all I Hitler Thank You counsel makini mayor I'd like to wish all Christians of Merry Christmas and all Jewish people a Happy Hanukkah and anybody else that's just celebrating being out of school may they all have a safe time may they focus on family and what's important in their lives thank you Mary Councilwoman Sanborn I second what mr. Keeney said thank you councilman Sanderson we don't have another city council meeting for the rush that's not so as much as you all would like to sit and listen to us before first they'll have to watch the reruns I just want to take a moment to wish everybody in the community and with the city a very merry christmas and happy holidays hope everyone has a safe holiday and take a moment to think about our members of our armed forces or overseas who can't be with their families this holiday season Thank You Councilman Jim Nelson thanking our a couple of items of the library the library will be closed saturday december twenty third through tuesday december twenty sixth and again december sunday december 31st through monday january first registration for the spring story times begin on thursday january fourth more information called the library youth services desk at 281 554 1113 I want to wish everyone a Merry Christmas and a Happy Hanukkah and I would also like to ask everyone to pray for our troops overseas that they would be given the nice people of trying to be bold in with their family and that's why I am here Thank You councilman barber take mr. Merrick want to echo everything that councilman cones just said about Sheree Koehler appreciate those comments I also would like to echo the Happy Holidays wishes for my colleagues who mentioned Christmas and Hanukkah and also like to add Kwanzaa to the list and any other holidays that we have over what tonight everybody have a joyous season and I look forward to our retreat on Friday which has goal setting and I hope that is very productive and we all get a complete this session without drawing blood that would be a good thing to do so look forward to that thank you very much thank you that concludes item 13 14 mayor's comments I just like to congratulate League City proud and all the people that worked so hard to put on the holiday in the farm parade our Police Department of Fire Department EMS everybody that participated there were thousands and thousands of kids all of whom I think got plenty of candy very happy to report they got candy we are going to have a goal setting session friday i'm looking very forward to that and other than that i just like to wish everybody a very merry christmas and a very happy holiday season we will be back with you shortly now that concludes my remarks items added after electronic agenda there are none executive session there are none items added after the executive session there are none with no further business meeting is adjourned you {00:00:51}
4th row	{00:00:28} okay good afternoon we will call the city council meeting of the league city city council regular meeting November 28 2006 at 6pm to order only now call roll Gary Schultz here Ted Nelson here Mike Walden here Tommy combs here Chris Henderson is he mailed that he is tied up in court in Houston phyllis ann born here john kini here and jim nelson era we will move to item number two invocation pledge of allegiance to the US flag and pledge allegiance to the Texas flag invocation tonight is given by pastor Jean Paul set him who is here today did I get that right almost want you correct me so next time I'll know what is it Jan said that one you can close but you're very gracious person and I knew that somehow so this would be a good time to turn off phones and pagers and we will turn it over to the good referee Lord we're mindful that although we have a meeting here and we would like our wills to be done ultimately Lord we'd like your will to be done as the psalmist says not to us not to us but to your name bring glory we thank you Lord in this season of Thanksgiving that we live in this country how rich we are and we thank you Lord for the founders of this country and for those right now who are preserving the liberties and freedoms of this country overseas we ask for you to shine your blessing on the men and women who are allowing us to have this meeting right now in freedom and in openness and for the leaders of this country Lord we ask for you to give them wisdom and great discernment for the governors and the leaders of this state the same and for this august body Lord we ask the same wisdom and your discernment tonight Lord we'd ask that you would be here in a very real way allowing your will to be done so many of us Lord think that our will is best but we can't see the future as you can Lord we would ask then that your will would be done pray that you'd use these men and these women here tonight so that your goodwill would be our future it's in your name we pray amen missions to the life of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all online Jack supplied I pledge allegiance to the Texas one and indivisible alright we will now move to item number three approval of minutes we have October 24th regular meeting which improve their October 25th workshop and November first workshop second motion to approve by Councilman Ted Nelson seconded by the Councilwoman for the Sanborn all in favor okay now they're so approved we don't usually vote on those actually will we test them before the meeting and they did work so hopefully we will be typing tonight with no changes to the meetings they are approved item number for appointments proclamations presentations in a war consider and take action on appointments to boards and commissions the way the staff had listed this there are numerous of these appointments all of these or and I was told this is very clear in your packets they are all reappointments short of two new appointments which were vacancies Mara move to approve Council McCombs has made the motion to approve also going to counseling Jim Nelson second of that motion and it is now open for debate hearing them please vote or is unanimous motion passes with Councilman Samuelsson out and that will be the only time i'll record that unless he shows up item number 4 b presentation by mr. Scott beam with halls Hill caldron LLP on the proposed expansion of Tours number two victory lakes good evening my name is David Hosanna I was going to say that David you're not Scott I'm not Scott city of Houston Texas I'm the zone administrator for the taxi from this anonymity known as victory lakes tours you have an item on your agenda since at a public hearing day on December the 12 if you thought you prude you kind of just briefly give you a presentation a free presentation so you could just be aware this is about the board meadow nutters board mountain october 25th you really consider to bring forward send for City Council recommendations from the bars the reinvestment zone on number two to extend the area across from 646 in that triangular corner 646 945 in order to do this city council is required to hold a public hearing on the advisement of to redo the project plan finance plan and then consider an ordinance to actually enlarge the zone let me just make a few points here the purpose of the enlargement is to deal with the high costs related to development that property what we have here is mostly mobility and attention issues Walter would be extended from six continue to be extended from 646 to i-45 the developers on the property or not don't really need Walter to serve their development as they front 646 945 but of course we we the city and the terrors would certainly I think as all of us would want to see 646 coming a walker extended I 45 to complete at that road also there's a need to relocate the text our drainage on-site TxDOT there's actually a text us ranged easement through the property and that needs to be relocated and dealt with in order to develop that property otherwise appropriate be developed traditionally also the developers are proposing to do vertical wall detention which makes the cost a bit more but gives the ability to have more retail and more development take place so I think that's important to the city also of course the been made major components of this is our the super target and a home depot depending on you again let me just reiterate the project costs would only be seven million dollars related to this property that only relates to walk or related the tension as I mentioned before some de sel acceleration lanes on i-45 and offering a redo of off-ramp configurations on i-45 and so which all this is a benefit to the city the benefits more I think we should probably more interested in is the fiscal impact to the city and that is the standpoint that we we model this as your consultant we modeled this using two hundred and fifty dollars a foot gross foot on the retail space to calculate the sales tax the national average for these types of retail development centers is 270 regionally it's about 300 to 325 we think it's impaired to continue to position ourselves and contain the sales tax in this area instead of shipping it up to Webster so we see this as a opportunity to make sure that takes place on this property but we've modeled this there's only 18 years left in which doing this would not extend the left leg for the term of the charge the charge Henson 2024 no matter what so we're only talking about the time between now and 2020 for but you would based on the seven million dollar cause we're talking about over the term deters an additional fifty four million dollars in city revenues from sales tax and hot tax which we think is significant one of things we've talked had long discussions with developer about when they made the proposal and doing our due diligence on the behalf of the city deters was the fact that what do we like it or not we certainly found this out with with Cabela's and others and peril ends down and out with bass pro in order to get a super target in or a home depot their part of the deal unless they get the land given to them or you built building they're not coming they can go anywhere else to get that deal so the developers are having to compete regionally for these types of markets and differently elkin they don't need walker but we want walker then it makes it very owners for them to make that deal work economically so our standpoint is we give Walter extended we get detention we killed the text odd issues and we make the we do mobility improvements in the area so to bottom line according to our estimates the revenue schedule contained in the plan amendment the study would be considering that the public hearing is we could be giving up roughly three hundred fifty thousand dollars annually in ad valorem value-add valorem revenue in turn would be gained three million dollars annually for sales tax and we think that's a big plus for the city that's my my report of the terms or did bugging annesley to send this forward to the City Council for consideration they feel like it so it's really important to the city of League City that has this type of development occur I will stick States stand here before he has your consultant since 1999 and some of you were on the council at a time weren't mayor or I think you're only one left i think that's on the council that time i predicted I predicted that that if we did this project we knew that the roof toss would have to come first but that the retail would follow and an office development would follow and the other types of commercial development follow and has come on quicker than we really even expect it and it's coming on a higher value and a sales tax will come in at a higher value than what we had projected so I think it's really a good win for the sea and given the fact that you have the one-cent sales tax I mean they have cent sales tax for property tax reduction I think this bodes well for the city in the future that you can have continued to have further property tax reduction for this type of sales tax revenue and I really believe that once we finish up the new quote if you do this we can assist Stefan what's going on across the street in that corner probably just even in the tours itself will represent close to forty percent of the total city's total sales tax revenue which i think is a was much better than what we expected so that's my quick report obviously would likely a vote of the consent agenda set the public hearing will have a more full discussion about the plan and everything else the more than have to answer the questions any questions from anybody right now okay Dave you have the turfs board I thank you now move to item number five public hearing and action items from public hearing 5 a hold a public hearing on special use permit application number HUP 06 dash 08 crown castle coat location for an issue p on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower NPS legally described as a sub as a surface track 73 of the stephen f austin survey generally located north of west walker street and west of state highway 3 with the approximate address being 600 west walker street does anybody they'd like to speak to this item please come to the podium now we will open the public hearing at 612 seeing nobody we will close this public hearing at 613 and move to item number 5 be considering take action on ordinance amending ordinance number 200 524 for a special use permit on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower and p.s legally described as a surface track 73 of the surface of the stephen f austin survey generally located north of west water street and west of state highway through with the approximate address being 600 west walker street mayor luke to approve with conditions that landscaping is not required at this site councilman Cohen's has made the motion to approve with conditional upon landscaping not being required at this site Councilman Jim Nelson a second of this motion is now open for discussion councilman tad messy was the staffs recommendation based on the land statement the landscaping anything to do with it to the river I'm addressing this to the Stanford mendation and P and Z's approval included landscaping around the proposed cabinet and to obtain all require permits for building permits for installation what is uh mr. Collins's motion of taking out the landscaping actually do very firmly your recommendation on this sheet is no rig no landscaping required it's a city city facility correct the staff recommendation on the staff report is a minimum provide landscape and around the proposed cabinet is that different than what's on the data sheet on the data sheet it states here that subject to the condition of the landscape requirement not apply to this site the point of a machine how long katharine barbour i think is the second there's a no discrepancies between big one here okay the data sheet actually includes what p + z approved and the staff reporters with staff recommended okay thank you and with that said what is the staff recommending a stanford island it landscaping poz did not approve landscape yes are you recommending so that your colleges motion is contrary to what you're recommending actually is contrary to the staff recommendation but not to the pn z recommended understand thank you so much i appreciate council Jim Nelson oh it's my understanding there is no landscape in there now why why would we require landscaping on city property when there is no landscape that has been our processing procedure every time that a cell tower comes in p + Z usually would want landscape and around its staff went with that notion that they would want landscaping at this time yeah but it's a it's an existing tower it's been there for years we understand that sir it's a pleasure of counsel if you want to go with the landscaping staff recommended or with the P&G recommendation council McCombs again married lonely come after this is that it's the city of our own tower it's been there for at least 20 years I have no problem with putting landscaping but I don't think we need to put it on on their requirements of cram castle the city wants to put landscaping then I think we probably need to come up with a plan in one of our CIP zor or not but this is a city-owned meet at we're not there just leasing leasing this space on this tower itself so that's moment you sir okay thank you councilman Elsa who would pay for the landscape and they would correct council approve the recommendation of staff that this site would be landscaped with the tower then crown counsel will put it in if council does not approve that and council wants the city to put that in then city would come to counsel for some funding for that crown counsel is the ones asking us to do this right they're asking to co-locate on this tower yes sir it's great well I want to thank you all for trying to make big city prettier places wake up and motion on the floor is councilman colleges to approve with pnc recommendation of no Lance without landscaping seconded by Councilman Jim Nelson with no further discussion please vote for counseling barber cones Keaney Jim Nelson and Phyllis Sanborn oppose council Ted Nelson motion passes item 5c hold a public hearing on zoning change application z06 dash 22 South Shore day school to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 does anybody like to speak to that issue please come to the podium is open this public hearing at 618 and state your name for the record my name is Diane nail I'm the applicant for the rezoning request is it possible for me to approach with information yes ma'am I don't know what you have from the staff I think we probably have some okay just a little bit of information about me i am diane neal as i said i have been a childcare business owner and director for more than 15 years my first school was built in sugarland when it was developing much the same as the new development in league city that we're now looking at i have also an existing school in league city on 518 right across from the Clear Creek School System buildings both of my schools have been rated as planned three schools by the Texas licensing agency that is comparable to a five-star rating when you're looking at hotels we have an excellent relationship with the state we want to build in that area obviously because of all of the growth the growth there is state of the art and so we are planning a state-of-the-art facility our architect has designed a building that resembles our will resemble the tuscan lakes community center finished with stucco and stone it will be surrounded with the not only playground and the necessary amenities but landscaping and trees will be an asset for lead city because of the we knew that we will bring in it will be compatible with the area will bring high-quality child care and a very high quality preschool education program to the to the people in the area I have a number of families in my current school who are in the process of moving to that area and some have already moved and are eager to see us there there is no childcare actually existing in that immediate area there is a need for childcare along that route 96 and 646 out to i-45 I had with me before the pn z meeting gentlemen Greg crew thirds who is a father of two of my students he is the purchasing agent for Clear Creek schools and he spoke to the research that has been done the demographics and the extreme growth expected in that area and the immediate need for child care most of those families now are having to backtrack and drive into league city to the 518 area where I am currently located for child care we're planning an 8,000 square foot building with a capacity for 150 children some of our children will come from the same family so it's not going to be a high traffic business we will expect approximately a hundred and twenty to a hundred and twenty five families to come go during the drop-off and pickup hours with a few visitors through the day we have included in our packet some recommendation letters there is a letter in that packet from the adjacent property owner we are hoping in the future to purchase her property as well she is not at this time ready to sell she is is selling us part of her property and retaining the final four lives the staff recommendation was negative in that they would have preferred that we come with a rezoning request for the entire block and believe me we work for about six months on trying to do that but the property owner was just not ready at this time and we needed to move on so we're here with a request for eight of the of the 12 bucks do you have any questions for me oh there is a there the letter that I'm referring to is from her and she is very supportive of the project obviously because she is selling us a portion of her property she has an objection she just is not ready to to sell or to rezone herself at this time but she has indicated that in the future when she finds a suitable relocation spot that there would be an opportunity for us to buy at that time in which case we will be back before you with another rezoning request and I know from my understanding I mean we certainly welcome this type of business in lake city and pn z recommended approval staff recommended denial and from what i understand there's just some question as staffs mind as to whether or not there is adequate room is that correct mary is that the issue that we discussed that is the issue that staff discuss the from the site plan that was presented although we understand that this is not an official site plan that that you had there before you it doesn't appear that this site will be able to meet all of the development standards and requirements we just wanted to bring that to the attention of the applicant enter the attention of the council that it could be possible that with this rezoning and only zoning this portion of the block that some variances may be needed and we would like to see this develop without any variances is what we're asking at this time that if council is considering this zoning application that we still try to hold firm with all of the development standards that are in place if that air at that site and those were the other concerns our staff at the time that the recommendation was made and of course the issue of the spot zoning which we always like to bring to your attention whenever your zone in an area that doesn't have this particular just district adjacent to it and we always visit with the city attorney on those type of issues how is it that p and Z and staff see this this item differently because staff looks at it from a purely a land use perspective in terms of all of the outcomes and the ends of the product and pnc definitely looked at it from the standpoint of being a very suitable location for neighborhood commercial which staff does not disagree that it is a suitable location for neighborhood commercial we would just like to see the entire block rezone at this time to get away from the spot zoning issue rubber apartments are you going to stare have a problem history because they I'm sorry go ahead and marry it's open for debate now fellas it's because of the adjacent track being left the single family residential the ordinance would require some buffering between the daycare development and that single-family zoning district and meeting that buffer requirement the land statement requirements of parking requirements all issues that we wanted the applicant to be aware of and this particular site plan is showing shows the driveway coming off of Kentucky street I know the applicant mentioned that there traffic would not be that extensive but we will not be looking to support putting that type of traffic on a residential street so those are some types of issues that we wanted to make sure that are out there for consideration math stick to that when we had the site plan drawing it was very early on as a matter of fact we actually had two site plans are on one for the entire block which we hoped we would be coming with and when we learned finally that we would not be able to acquire those final four Lots we came with the second the plan B site plan so those were drawn very early on and really in an effort to see what we would like to put on that property it is certainly not final our contractor and architects as well as owners are interested in working with the city to meet any requirements that that you might have for us we are aware that the buffer zone would have to be a little bit wider than it would have had than the front requirement would have been had we not been adjacent to residential but we I have been assured that we do have the property to meet your requirements and I would like to assure you tonight that we will do that Cass McCombs think near miss chambers I have a couple questions for you manager stay up there and make everything I recommend to the south of what is it zoned I don't have a data sheet on my computer showing the zoning there's a shout that zone general commercial undeveloped single-family residential and sage street okay so you've got general commercial to the south and you have residential two adjacent to it okay how do you call this spot zoning because I thought because the the shift worker I thought with the spot zoning with it being a neighborhood commercial head back up to residential neighborhood commercial could back up to general commercial the spot zoning issue is due to the fact that this this is an is mid block councilman and I right adjacent to it is in single-family residential and it's all one block that's why we referred to as being spot zoning if it was a separate block it would not necessarily be as animals as it is obvious to staff rather as it is now that it is all one block and so you're taking a portion of one block and zone in it right but the given block is is not under the same ownership so well it is currently I think this person is purchasing it from the road so what we're doing is creating a situation right now it is currently under one ownership it's a purchase for the purpose of building the school is what i understand but when she purchased the property it's not going to be under all right she will be purchasing you over the other three session okay but that is our only concern is that issue that it is mid-block we do not dispute the fact that it would be a great location for neighborhood commercial we would just really like to see the entire block and just to point out the fact that if council does support the reason for this tonight and the applicant is not able to develop the track and neat variances it's going to put staff in a position where we'll be recommending against the variance is because there's no hardship because it's being self imposed with the rezoning okay besides the issues that you talked about on the set back in the driveway issue going out onto kentucky street what other issues that you have that may require variance at this time but I can't say since this is not an official site plan is being submitted we would really need to see the official site plan before we can say that we only brought those items out so that the applicant would be aware that those are some concerns that we have when when we do issues like this and resume the portion of the property with the development standards that we know exists as far as the buffer between the residential and the commercial that the landscaping the parking and all those other issues that are involved in the development the building is she may meet that because you don't see the total package though that's correct we just wanted to bring it to her attention that those are some items that we would be concerned Thank You councilman barber like mr. mayor first of all thank you not only for your coming for us to talk to us but also for bringing potentially bring another quality business like this I really like it and I I definitely want to lend my support but in doing so I want to thank you exhaust I want to make sure I don't do the wrong for the right reason so let me ask just a couple of quick questions now Mary and you bring out the possibility of sponsoring is that out of an abundance of caution through the fact that someone somewhere may interpret it that way any time we think that that issue is is out there we want to make sure the council is aware of it yes it is caution on our part and as far as something that council person on Sam born and I discuss it we've done some issues like this before in league city but we always as a staff want to make sure that we give you our professional opinion on it so you're aware of it now question for either you or Arnold in a situation that would be bringing forward whether or not this is would there be an aggrieved nearby landowner in this case the person who seems out opposed to this right now but who would be aggrieved by this that would bring the soup forward as an issue if it were spots them generally speaking the person who has the appropriate standing to be arguing that would be a contiguous property okay and so I think I feel much more comfortable knowing that there since they're not opposed to this the only thing that they didn't want to do is themselves as for the same zoning request right otherwise right so in other words I think I'm will not really a whole lot of risk care that's my feeling okay and this track does a join a road right of way that is not felt on the other side of that right of way is the corner block at the corner of 270 and 646 so I'm not really clear about the reference to a red block tract because it really it really adjoins the general commercial at that's like you got on the sample I am just a couple of questions most of my questions have been answered already but looking at the site map and the pitcher does the front of the building facing Kentucky or does it face to 70 that Barnes 270 the front face is very handsome so the back face backs up to Kentucky how close is the daycare going to be to the homes that I see between right next to each strawberry Mary do you see that and are they today's going to be difficult to say since this is not their official site plan so until they actually submit an official site plan we're probably just going to be speculating on those type of issues we just as a staff wanted Council to be aware that there may be some of those type of concerns and for the applicant to be knowledgeable of it as they submit their official status such a confident that that will meet the requirements for the buffer area to the homes that your site for yes our plan is for the building and of course well this will need to be approved by League City but our plan is for the building to be somewhat centered on the property and there will be play area and landscaped area in the back between the building and Kentucky and then in front between the building and 270 will be additional landscaping and a circular drive okay because with the children after school when they get out in and do their playing I wanted to make sure that if that there was the proper buffer zone with the homes that the back of the daycare was going to be facing right and and it will be fenced appropriately fancy right but there I have a daycare close to my house three thousand so I that they can be just a little bit playful in the afternoon I hear you and does it put us at risk with other businesses not necessarily on 270 Mary but in other areas throughout town where citizens can come and and use this as an example approval of an area well I think anytime council is making decisions on zoning issues you're going to have that possibility so that that's one reason why we like to make sure you're aware of all the issues of staff knows about Thank you Thank You Man Thank You councilman Nelson Mary what is the setback if it's a proof for CN yes it depends on how they situate the building I'm going to say but somewhat roughly situated like they have in their proposed site plan what would be there soon back off of lot 5 and 11 let me say 50 feet of 2530 it's going to be 33 DM and those Lots are only 65 feet wide looks like if that was it was just really depend on how how she's going to scale her building she may have to scale it down some and some of those other issues that she may have to deal with there's a chance she won't be able to cross half that lot I mean just going to cause because I understand what you're saying right if we approve today we might as well start a clothing variances right off the bat of the propeller actually the very system adobe to the Zoning Board of Adjustment I was being sarcastic oh sorry but as I stated before staff does not great this is there what you're on I agree with you thank you very much there is absolutely no sarcasm to display and neatly Council comes you have a total of twelve lots correct is that what is there to 12 blocks on the block we have purchased eight okay there are four additional would you consider maybe moving the parking or not having the parking in back yup is that an option for you everything is an option we as I said we really were making an effort to draw i plan to see what what might fit on that brought you mrs. but it is not set in stone of course and any necessary changes that we need to make we would be very cooperative Thank You counsel mckean mayor I just like to ask you to encourage stamp to have the minutes from the peon center eating available to council not the entire minutes but on any item where p NZ voted against staffs recommendation because it certainly can give me a better perspective of what went on during the p + Z meeting as well just mentioned people were in the bnz meeting and talk to the pn z meeting that we're not hearing tonight and so it just limits our ability to make decision I don't want to see all the minutes never do want to see all the minutes but just on these items where P NZ has gone voted against the recommendations of staff I think that's a reasonable request how would you like that in your packet electronically on email electronically the lake for each other packet okay email okay so Chris in the future if you guys would be more cognizant of where staff and so that I'm clear we're staff makes a different recommendation in PG we want to see the minutes of the pn z recommendations that correct yes well i think that's a regional recommendation i have one comment if i might you might Mark Lennon Schmidt is the gentleman that I worked with with the city and I noticed on the agenda that state staff recommends denial as presented and Mark explained to me that what that means is that it was presented as a request for a portion of the block and my understanding from mr. Lennon Schmidt was that that was basically their only real concern is that it was a spot zoning as opposed to a request for the whole block okay well well in and in the staff meeting what I was told it's just they're just concerns it's just like Mary articulated that you know and I want to say before we go because we're going to close this public hearing then we'll move to the vote I like this type of business I'm hopeful that you that you get your variance tonight at the same time I want to commend staff so that if it does in fact pass and you do come back that staff will be able to say we made a recommendation a certain time now we're being asked for variances as long as I just I think it's good that they're communicating with us and letting us know if you want to grant a variance great but there may be future variances so I appreciate your time to now councilman Cohen mayor just like to make a note of what you said I agree with you but your coloring of variance tonight no officer not a variant right this is a public hearing actually well I'm machine but this is not a variance is just a zoning change erotic that very clear we're not personal don't know that's true appearance tonight here I just looking at zoning issue thank you okay thank you very much is there anybody else that wants to speak to this issue I'm include for the record my name is James Malone and amazing coming before you on behalf of Shaffer Country Day School a wife Melissa and I have currently has a daughter Makenna Joe at a tense after country day school and should be three years old in January and she's been there since it's a kind of weeks old and I've learned better to come explain how we really feel about it we've been very blessed very fortunate to have school at Sunday school and we have been a resident here for 15 years and i really feel very fortunate very blessed the half earlier have a great Bertram not only just a day care which is school I teach the kids right now she'll be three years old in January she already saying her ABC's accounts and she's already had a lot of schools a lot of kids that we going to school at her age koenig orchestrate and we also having to be one of the residents that will be going to escalate my wife and I carnival in the home an testing like so it definitely a benefit of knowing for us but it's silly city there's not really a good quality day care or early one at all in that side of town she stated that till we currently will be driving across over 5 18 came back over but the life tonight a 95 every morning so definitely right on our way out and one thing that came across a big meeting was that right it's not going to be a full-scale all the Lots from one thing that did come out it was a good point i want Lee springy before you as well is that it's not like they're coming for you with a high traffic like it stop and go or a convenience store well there will be a lot of traffic coming on Kentucky or be a lot of into something got into that neighborhood so there will be a very beneficial to city as well as a lot of families and kids as well thank you thank you anybody else I'd like to speak to this issue singing now we will close this public for you vicinity that you're speaking of he's like signal and I would like to just make me ask some questions if I missed the meeting on november six for you always was discussing this particular topic of the rezoning on Oklahoma street I live on a corner of context-free nexus with a vacant lot which I think you're speaking of that and we're wondering about the rezoning that you plan to do in that area we are now residential and the wondering if we're going to be put into a commercial site here in the corner Kentucky and Oklahoma yes my address is three double three I think mary has an answer no the only reason that we sent you the notice is because you're within the 500 feet radius of the rezoning application that council is getting ready to take action on your property is not being razon dat this time okay you're the only person it's currently you can apply for rezoning on your property okay thank you that would be considering our church yes they'd have to do that you would have to file the application on your own behalf okay thank you you up thank you know anybody else seeing no we will close this public hearing at 644 and move to 5d consider and take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 we are moved to approve the rezoning chemicals like calcium cones has been motionless on executive by Councilman Jim Nelson site um is now open for discussion hearing none please vote four is unanimous motion passes remove the item 5e held a public hearing to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering land we will over this public hearing at 6 45 anybody like to speak to this please come to the podium seeing none we will close this public hearing at 6 45 and move to item 5 F consider take action on orders to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering lane the commerci 23 so Councilwoman Sanborn has made the motion to approve seconded by Councilman Tommy Collins this item is now open for discussion hearing none please vote for is unanimous motion passes now move to item number 6 you're already cutting them off getting in the hanging started that's a warning item number 6 citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residence persons having an ownership interest in property or a business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor members the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused milliner slander any individual shall be cause for termination of time privileges and expulsion from council chambers and the first citizen is pastor Edwin I'm sorry amber bamberg thank you very much sir okay mayor shelton city council members as a stated my name is faster Edwin van Berg and my number one reason for being here tonight is that you strongly and seriously consider reducing the capital recovery fees and the service connection fees so that we can proceed with constructing our church this has been a two-year process for us we ran into some serious architectural problems where we had to change the footprint of our building we do have approved site plans they did May seventeenth of 2005 we run into a number of setbacks we were prepared to pay the amount for the permit so that we can move forward with our project however the amount that we were asking to pay to pay is thirty two thousand seven hundred eighty six dollars we were prepared to pay fifteen thousand two hundred seventy two dollars so that amount almost doubled which is preventing us from moving forward with our construction project so we ask that you would seriously consider reducing that amount from the thirty two thousand seven hundred eighty six dollars to the fifteen thousand two hundred seventy two dollars so that we can move forward with our project we have a steel that's going to be delivered on December than 15 and the amount of two hundred fifty two thousand dollars unless we can get the permit we will not be able to draw down on the loan that we have to pay prospect so it's a it's really impacting our progress impacting what we're trying to do with our church so we ask that you seriously consider that thank you very much thank you Pastor galeen wenzels good evening mayor Schultz and council my name is Galen wenzel and i live at 1300 coryell the corner of coryell and Landrum which would be the east side of the butler museum and we have endured construction noise since this whole thing has started everything from the parking lot being scraped clean cement trucks being up of backing of every kind machinist heavy equipment there is everything from bulldozers the backhoes to cement and dump trucks have come up and down Landrum which is a very narrow street and the side of our house is approximately 75 feet from the new staging area that's been put on that side of the museum we never complain because when you near being into it and we know that progress means noise and all of that but we felt like most of it is done the parks part is evidently mostly done but the noise ordinance was never explained to the contractors we actually had everything starting in the morning with the heavy equipment and the dinging at six o'clock and when the elevator was being put in and constructed we actually had people over there working 24 hours a day all through the night to dinging all through the night the banging and the climate and we never made one one request of the police department we just indoors I would appreciate it if someone would communicate through your department heads or however you choose to do it to communicate with the contractors that there is an ordinance there is a noise ordinance in the city and that it does need to be a because we are you are into the museum in a residential area zoned residential I can't put a business in there and I can't live in the commercial property that we have on Main Street next to live up to the donut shop so the museum coming in and doing that kind of thing is really really hard for us to abide landrum streets been torn up asphalt's been broken off the sides it now has a drop-off across the street from our driveway of approximately six to eight inches and that may not seem like much to most of you but we have a 36-foot RV that we have to pull in and out of there and that has been the margin of error because now trying to make a wide turn and come in or trying to make the wide turn and come out as put our truck into a bind and it's almost allowed the fifth wheel to come down on the back end of the truck because it's so uneven so we really would appreciate it if you would send someone out there to talk to us about doing something about repairing at least that section and that would be there where the little of em'll it is next to the utility pole weather buddy the brush has been cut down and people have been coming in and now they're to do construction with the heavy equipment I'm not going to complain about the amplification the noise for your big deal weekend before Lana because I know that was probably a great thing and we know that's what the museum is all about but we would appreciate it if you realize that we are residential there and that anything is time that that anything that's done in that residential area next to our house is really really difficult for us to live with on weekends or during the week I'm almost through the trucks coming in and now that opening on Landrum Avenue unloading getting things ready for the party etc cause lights to flash on our bedroom and threw our windows and they'd parked on land which is very narrow and we couldn't really get in very well with our truck and out with our truck just on a daily basis backing in and out of there our concerns will be to the fact that we are residential in that area and whatever impacts the museum on the outside of it on that will impact us directly and I've been hearing some really good things tonight it made me feel really hopeful and positive as far as your sensitivity to some of these buffer zones for commercial versus residential and so I really feel that I have found a friend and Councilman layer I hope it sounded very positive to me and I'm happy about that I would appreciate it if you would make sure that anyone who utilizes the outdoor facilities should be sensitive to the surrounding residence I would also appreciate being notified the museum is put on the agenda so that I might have some communication and feedback this is very difficult just to put information out not get feedback and I know it's a state law thank you for your talking to you very much kaylyn and Chris our city administrator I will send someone out tomorrow or in the next few days to look at your situation I have spoken to about five to seven people including your city secretary yesterday or day before and I really haven't found a person who is going to make a decision on who handles what but I didn't make that young wru it's nice to me it's good I really appreciate that it's been a play may not handle it but he'll make the decision that's all that matters as long as somebody's going to make a decision right yeah thank you so much every time thank you our next citizen is Miss Peggy zahler mayor council staff my name is Peggy sailor and I recited 1802 rampart into every village I'd like to address the gender item 10a I attended the city council meeting where Miss chambers brought forward her plan for the changes in the development fees I attended the workshop and I also attended the city council meeting the last City Council meeting and I will tell you if this was Mary's idea to come forward and try to be sure that whatever business we conduct that at least we cover our costs I publicly applaud her because I think that's really important when I saw the chart I really thought it was a no-brainer from a taxpayer standpoint I thought whoever does business in League City whoever comes forward at least let them pay their way working in contracts I know that periodically there have to be incentives provided I understand that but but I do look at the monumental growth that we had in league city and I wonder why as a taxpayer I would be asked to subsidize a for-profit business it doesn't make sense to me and so I listen to the questions that were asked and I can understand the concerns about the significant increases in the fees but that's what happens when we don't have process in place and we're monitoring the cost impact of how we're doing business so as a taxpayer I personally don't care if it's a three hundred percent increase because that says for many years we the taxpayers have been subsidizing activities in the city and I'd like for it to stop and I would like to ask you that as you deliberate perhaps you set a goal that if we're looking at addressing the issue of fees then let's set it to where we're not asking the taxpayers to subsidize businesses the only other comment I want to make is where we're looking at possibly entertaining the idea of grandfathering businesses in I would say from a taxpayer standpoint unless you have something in writing that says when these businesses or developers came in that the fees that we're in place then are frozen for whatever phase the development is going to follow on and the no that's the cost of doing business that's real life you know things change it's tough out there but I would hate to think because something happened a couple of years ago there's no legal obligation as I understand it that we have to freeze those fees then don't ask me to continue to pay for that it's really not fair so thank you very much Mary coming forward I hope that as you deliberate and keep the taxpayer in the forefront of your mind thank you k our next citizen is Miss Joanna sharp hello mayor and council I am the president of the butler donor museum board and have been almost since its inception and I have to apologize to the windows because they've been very patient we on the board know that ever since the inception they've been worried about the increased traffic over there and I can vouch for city people who have worked hard trying to place the parking lots and divert some of that noise in putting those things in place so we are listening we have been listening and I was there of course all day on saturday the 18 it didn't seem extremely noisy to me they had music for spread answers but there was a big traffic problem i'm told parking was not big enough for the traffic that was pulled in for this event so that's something that remains in the future to be dealt with and i want to say that all the beautiful land around the house is public park funded by Texas Parks and Wildlife and will be operated according to regular park rules I'm sure so maybe that will give our all the confidence about the noise most of the noisy construction is just about done so thank you for having the opportunity to talk tonight always opponent and Diane and James had already spoken so that can they let the lake in here to be on the sunday please okay why don't you come up and get your three minutes actually the bill stuffed bell pepper night if the kids home and I'll stop it out there so I could leave that early heading each of you a photograph and smokey guess when it's time is officially running now so tell me what my time starts ok it start ok good evening on bellaire on boat council members i'm leonard crews i live in 1904 claiborne drive here in each city then there are 36 years i have 38 years old to get in league city i realize there are many more pressing matters that the council is facing these days however it's always a good time to protect the health safety and welfare of our citizens of those who come into our community now's the time for amendment of the city smoking artist apprentice smoking in all restaurants workplaces in other enclosed spaces that subject persons to the effects of second-hand smoke earlier this month was the American Cancer Society's great American spoke in his Dear Abby pointed out in her column she pointed out in her call that the US Surgeon General issued the first report in 20 years on the health effects of involuntary exposure to secondhand smoke in which it was related the children and adults who do not spoke in are exposed to secondhand smoke suffer premature death and disease exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary artery disease and lung cancer children exposed to secondhand smoke are at an increased risk or sudden infant death syndrome syndrome acute respiratory infections ear problems in more severe asthma as well as respiratory symptoms and slower leg room scientific evidence indicates that there is no safe level a secondhand smoke an estimated 126 million Americans both children and adults artists are exposed to secondhand smoke in their homes and workplaces in spite of substantial progress in topography tobacco control and eliminating smoking in indoor spaces totally protects non-smoking eliminating smoking in indoor spaces fully protects non-smokers from exposure to secondhand smoke separating smokers from you might have I been at nah go ahead for secondhand separating men smokers from non-smokers cleaning their in ventilating buildings does not eliminate the exposure of non smoker to secondhand smoke Terry Foley of Kelly's and Steve Brenda mr. Bob dog standard desire so the council amend the smoking ordinance so that the prohibition will be universal with each city of brother that each of them unilaterally imposing such policy in their venues they being conscientious about the effects of secondhand smoke but having concerned about the effect of such on their business if all such venues in which city do not voluntarily follow their policy if they alone were to prohibit any smoking in their venues well I did not visit it personally while it was there the recent exhibit body works at the yeast amuse iam of Natural Science included a set of human loads that at one time belong to this motor I did see the color photograph that appeared in The Chronicle these shriveled up lungs were monochromatic that is they were lacking in color other than and we're obviously like charcoal instead of the bright brilliant red color that one would find in a healthy set of lungs my roommate when we were seniors at Texas A&M recently underwent removal of his right lung as a result of years of smoking employee quick two years ago he is post-surgery seven weeks now but making progress in his recovery but in recent follow-up visit it was determined that he now has malignant lumps on his back that interfaced with the right lung the result of vesta sizing of the cancer from the lumber Portman's removed now he is having to undergo radiation and chemotherapy for that condition with the prognosis being somewhat uncertain at this time you always your positions of responsibility to the citizens of this community and those who visit from other communities can save lives and prevent disease by the amendment of the smoky artists that the other municipality is throughout the county have done including several year in Gallatin County and prohibiting smoking altogether in restaurants in workplaces and other venues where people get or indoors don't you know what a grand feeling that you will experience in playing a part in protecting the health of other folks and for benefit of those in the audience business mokey Mokey's another try to cut down myself in conclusion then I ask all of the citizens who are viewing this on channel 16 to email telephone fax or however you can too unless the support of council to amend the smoking ordinance as I have outland and I thank you very much for your time and consideration and allowed me to rectify the only monster today all right thank you very much better okay that concludes item number six we will now move to item number seven which is against the acerbic you to third like to spend the rules and loop of item / 13 please councilman jim Nelson's made a motion to suspend the rules and move item number how 1300 second / accountable we can't counseling Keaney a second to that motion notice that there's no debate on that but we'll discuss it at the retreat so Nelson Councilman Jim Nelson has made the motion to suspend the rules that move it up and counseling keenya second at that motion and now please vote for councilman barber cones Keaney and Phyllis Sanborn if I was councilman Ted Nelson right now moved out of number 13 councilmember comments in report Councilman Jim Nelson well yes mayor thank you very much first of all I talked about the seniors dance marna the senior dance be held at the Civic Center at 7pm everyone is invited it's a wonderful time to get out and dance you don't have to be a senior to come second thing I like to talk about is the memorial out at our sportsplex like to thank again chief daniel for its splendid work getting that memorial to us let me tell you this it's a it's a it's a much more expensive more memorial than what we actually paid for it and we really made out real well anybody that hasn't been out to the sportsplex i would recommend that you go out and take a look at the memorial or artists are absolutely gorgeous next thing is the library happenings the hell of all library we're going to have an open house please join the staff library board and Friends of the Helen hall library at the annual holiday open house Thursday November 30th that's this coming thursday at four thirty p.m. until 630pm Santa will arrive at five fifteen PM lighting the tree ceremony will take place at the tree in front of elet hall library on November 30th also at 630pm lighting of the tree is co-sponsored by the League City Parks and Recreation Department and the Knights of Columbus number 93 m special guest apparently made by Santa Claus and music provided by the league city elementary school choir so one out enjoy yourself that's all I ever Thank You councilman Barbara Thank You mr. mayor um some of the people that I would have liked to made some comments too i think i've already exited but let me just say a few things first of all if anybody can help figure out a solution to the CRF issue with the church without putting us at the same type of risk that we just discussed that the previous meeting i really love to hear it i think that's a really sincere hardship that they're facing another thing is the the story about the construction that that was going on at 6am and I don't really need to speak specifically to that site species she's not here anymore but in general somebody's breaking the noise ordinance please any citizen that knows about that let us know one morning I happen to wake up around six a.m. and my entire house was flooded with light I had walker street built right next to my house something I knew was going to happen and just like she talked about I felt like that's progress and we you know you'll deal with it for a small amount of time but at 6am the lights for the house and there's a lot of noise out and I made a call to our at the time our public works director is no one with the city and it was the last time it ever had and so we'll get these things taken care of that's my point and so please let us know and I think that that's the only thing else I wanted to address at this time I appreciate the comments of everybody including you for taking your your time at the podium to help us understand things from your parts of you Thanks Thank You councilman cold I think I got it figured out tonight every time mr. Nelson calls for the council meeting or the comments to be lived up he gets to go first i was like i could go past the bottom i think i'm gonna try that next time I I just figured that one out but on a better note here I wanted to remind everyone you should have received one of these in the mail or in the newspaper rather a holiday in the park coming this weekend December the second and third of the festival is really going to be a really nice festival we estimate probably 20 to 25 thousand individuals coming out to the parade itself parade starts at six thirty at the krogers on 270 and Main Street and we we hope to have everyone there council members and layer and so forth in the parade we understand this year we are throwing candy so that's a good thing I talked to Chris mr. Reid here this past week and and candy will be thrown from the floats we are asked in on a safety note that if you are throwing candy from a float that it be adults only not children for the simple fact we want to try to get the candy back into the crowd and keep this a safe event but just wanted to remind you December the second and third the festival holiday in the park you can go to holiday in the park org for more information Thank you Thank You calcium kini mayor the only comment I have is again keeping with the holiday themed festival under the trees is South Shore arbor Friday night they can contact interfaith carrying ministry for tickets that's it mayor Thank You Councilwoman Sanborn our echo council member Barbara and reference to the RF with the church hopefully we can work with them and see if we can get see what we can do to help them along with their church also I appreciate the windows wenzels patients with the construction there at a long haul museum and I appreciate Kaitlyn coming here tonight speaking before council I'm sure that mr. Reed is going to help them out I to attended the fallen heroes memorial and I just want a second that chief Daniels did an absolutely wonderful job there was a big turnout there were so many veterans there that were recognized and the families were there that whose names most of them whose names were on the monument and if you haven't gone out there to see the memorial you really need to do that it is a it's very touching it's a beautiful sculpture out there and thank you chief Daniels because I do appreciate being a part of that too mayor crews had just spoke I want to assure you that council is working on the smoking ordinance we have had a workshop on it it has been rewritten it has about a week and a half more of work on it there were a couple things that needed to be added in there the timeframe was that we're at just a couple of issues left on it and I'll be meeting with the city attorney in reference to the smoking ordinance and we should have it presented the next council meeting in December and we hope to start the new year off with a smoking ordinance a true smoking ordinance here in league city so that is something that is in the works and I do appreciate coming out and speaking on it and as your recommendation call right email we do appreciate the citizens support most of the feedback 99% of it has been very very positive and I think the citizens of League City and other places coming in to league city are going to enjoy going to a smoke-free environment to have dinner lunch breakfast hopefully we'll get all that ass and get that up in January and the last thing i have is holiday in the park we do invite all you to come out and enjoy that this friday Thank You mayor Thank You councilman nothing just a couple of points first one is as far as holiday park i encourage everybody to be involved with parades are usually a lot of fun and this year we've had mr. Collins has taken the candy issue under his arm and run with it and we will have candy this year which is a great thing so and also i want to thank ms Merritt Cruz as well he called me a few weeks back on a Sunday on my cell phone as the Cowboys were for the end of the game so I didn't give him the attention he deserved but but but I told him that I would look into it after talking with Miss Sanborn and listen to some of the points I agree with you and like I told you I'd look into it and I think you've got some support up here and it's some of your ideas we're very good in commendable thank you for your time and the last thing I want to bring up is as well notice we always bring up the council comments and we've done that for eight straight meetings about four or five months ago we had a workshop and we discussed as a group not all the council member were there i don't believe mr. Cohen was there we decided to move the council comments to the end like the mayor asked us and we did move to the end and for some reason every day we go through this shenanigan when we come in here and we vote to move them up not one person that I've seen as every one of the mayor said Mayor moon back up I think that would be the good thing to do if the people that are voting for it every way got voted against it every week but the people that are building about the cost council comments back up I would recommend one of them called the mare same air we want it back at the beginning and i'm sure you'd accommodate you thank you okay we will now that concludes our number 13 and the mayor's comments reports will be 14 which will be after several more items and since councilman barber and Councilman ted nelson failed to mention there was another football game last weekend so i'll probably address that one more time I'm going to get you now both it like a viewing else y'all do get here are you doing your comments down there no no I'm this little mount these are mine on comments that's why I clarified that back to item number 77 a through 7h staff has recommended this is the consent agenda staff has recommended that we we pull in definitely a so that will leave set 7b through 7 h mere electricals 7e also please okay Larry wants to pull 7e indefinitely that leaves seven be through d + 7 f through h i salute we approved b c d e f g h thanks regular counseling Ted Nelson's both motion to approve b c d e f g and h seconded by Councilman Jim Nelson the side room is now open for debate hearing none please vote point of Information Age guru consent agenda mari you're going to announce the vote go ahead yeah i'm just going to say you always unanimous motion passes it what is it is there any way at this point we can rescue the centerpoint item just for discussion purposes only just which marked the center point item that was one of the ones that staff has the pool which one is a ski is it too late and i do that at all well the shoe is use once one can make a motion to reconsider 7e or technically since it was told it was not a part of the motion to approve so if someone was from vicious making a motion to either approve or deny that that cannot afford it is it possible that i can just so bring it up to approve just for discussion purposes and then withdraw maybe after we do that it also like a motion to postpone yeah that i'd like to postpone I'd like to move that we postpone item e78 at this time miss Muir okay indefinitely okay counselor Barbara's made a motion to postpone item number seven II and second if I councilman Ted Nelson this item is now open for discussion okay the councilman Bartlett thank you honest typically isn't this the last step that we do before we open up streets like this to traffic or is this not am i incorrect in this when we accept the infrastructure the reason this one was pulled was because it hasn't been planted yet you know we would expect in the planning to have been completed prior to tonight's meeting anna has not invited so it has to be pulled okay that's interesting to me out now this was just the sub the part of walker street between here and 96 is that correct the towing league city parkway in city hall at the end of the street here okay and so is that are their cars driving on that street at this time as if I know I thought there were about I was told in there were it's a very small area centerpointe dr in the n96 oh that's all ok alright because i just want to be clear I want to do get this open as soon as possible so people can legally use these roadways and everything I just and also reason I even wanted to discuss this wasn't the cast a huge light on it but to let everybody know what's going on from this chambers at soon though at P&G agenda for december fourth ok so we'll have it at the council meeting in december probably okay thank you very work for a queen of all right thank you very much ok council kini I'm just asking for some clarification this is not actually down the street here it's on pants that correct it's past centerpointe dr i mean it's its centre pointe dr ok which is not i mean what if we pass this tonight those barricades down at the end of walker here would not disappear because that's not what we're considering the night correct those barricades are gone mister peeny a pervy okay so this is further down to and actually what it is it's it's the last little piece to get us all the way to 96 okay great thank you very much okay the motion on the floor supposed on by Calvin barber second by Councilman tad Nelson so with no further debate please vote motion to postpone is unanimous motion passes I didn't bring anyone oh yeah was going to go be well I had a most indifferent class but I didn't hit ok voting yeah I think we need any lights up here try again let's vote again all right just electricity okay unanimous but that's okay item number a report some staff members yes mayor I do have a report I'd like to remind Council that Tuesday December 5th at 9am will be the oral argument in the houston chronicle vs city of leeds city case in the Fifth Circuit New Orleans and they're still combinations available at the whitney hotel near the courthouse thank you I'm hobby them okay anything else Chris ok that is item number 8 item number 9 old business there is none item number 10 a consider take action on a resolution to amend the fee schedule for developments mittal's we're up move to approve councilman Collins made the motion to approve I second mr. barber calculate Thank You councilman barbers second to that item it is now open for discussion council makini well again once again I do when I think staff not only was a very informative it was you know council at that workshop work very well together I think there were 50 to sit that workshop but not only did I get insight on the fee structure but also the operation of the plant informants improvements that they've been making and I certainly appreciate those improvements thank you thank you any further debating this issue hearing none please vote for is unanimous motion passes ten be considering take action on a request to approve a private streets agreement for the village at Tuskens lake section two phase one so councilman Ted Nelson's made the motion to approve second second by Councilwoman Phyllis Sanborn this item is now open for discussion hearing none please vote ford is unanimous motion passes item number 10 C consider take action on the approval of additional funding for the purchase of a folding stuffer machine for the utility building department motion to exclude Councilwoman Sanborn has made a motion to approve Councilman Jim Nelson the second of that motion is now open for discussion here you nine please vote for izz unanimous motion passes item 10 d consider take action on the approval of an official act to redeem all or a portion of Lee city industrial development sales tax revenue bonds series 1995 marimekko motion to approve council keys made the motion to approve second by councilman Mike Barbour this item is now open for discussion I can't even council mccombs camara but just like to head mr. Morrill come up i guess and talk about this or cynthia brief overview of it Joe there's a lotta items over kind of push off spot for a catch you off guard there i'm certain i just want it in the door if we has look at them up and Maris accountant good evening the item on the agenda for calling that industrial development sales tax bonds was an IM vet as this broad eyes board exploration money says nothing they off the bus to go ahead and redeem them so they do have the opportunity to call the bonds on march first of 2007 they do have sufficient cash to make that payment and they're just asking your approval may be allowed to proceed and pay their dell and here behind that is it's that there would be interest rate on the bonds is certainly a high rate by doing refinancing on that we couldn't really reach economies because there's just not a whole lot of debt out also before they go out and sell that again we would want to knock those bonds out because of the legal requirements through port bond covenants the promises made to bondholders on the issuance of additional debt are somewhat restrictive market currently does not require cabinets that are as restrictive is that so I think it clears the way for issuance of dead in the future and saves saves money now okay councilman barber yeah thank you and one things that just doesn't make this all very put this all in layman's terms for anybody that wants to understand what we did if you had a let's say you had a credit card and then you took out a cash advance that you had to cash laying around and decide you weren't ready to spend it on what you originally had intended for and you're making payments on it you put into a savings account that's making you a little interest but your interest payments are more than what you're getting in and so while you're playing around and not ready to spend it yet why not just pay it all off and then whenever you do need to go back out and get that money again so that's basically what we decided to do it's hopefully going to put us in a better financial position in the future thank council makini just two additional points that all i had to that back in the since the nineteen ninety-five when these bonds were originally issued the sales tax revenues of the city have increased dramatically such that the excess funds that the industrial board received over that bond payment that is required as just sufficient so go ahead and go ahead and take care of these bonds and pay them off another item is that currently the 4 B has to hold assets of the sportsplex in order to justify the debt so that you have debt for your you know you have assets that you that you spent that money on and once this is paid off those assets can be transferred over to the city and just kind of improves the accounting of the whole night thank you any further questions debate no thank you Joe okay with no further de Valence issue please vote for is unanimous motion passes we now move out of 10 e considering take action to hire a farm to search for a city administrator there I'll make a motion that we request of staff to go out pull or fps or RFQs for a search firm to hire a city administrator and have that information Thank You counsel at the first meeting in January customer Collins has made the motion to go out and stretch staff to go out and put together an RFP or an RFQ which this one's a firm no no what I thought I would be I guess would be an RFP yeah and have that back for the first meeting in January or at the beach and Councilman Jim Nelson the second to that this item is now over for discussion council macomb just to clarify this for cynthia there yes so just to have the RFP back to council or consideration for our company to too hards what my intent was I'll place this only agenda because I think it's time that we even though Chris has done an outstanding job course I think it's time that we start the process of looking for a full-time city administrator otherwise we're going to be sitting here in another year from now with an interim city administrator and I think we need to show this city that we can hire city administrator and keep them here I've also done a little spreadsheet I would like to put it up because I read in the paper the other day that that we hired six I think it was six city administrators and the last four years which is really not correct and I would like to place a small chart with permission of the shirt mayor on the overhead to show the years and what city administrators that we did have here since 1996 and a ten-year period we had three full-time city administrators and the rest of them were we're in a city administrator shot I really don't believe the article thank you sir just place it up there but that's the main reason for going out for city a city administrator if you can see it may be a little bit smoking you focus at passing as you can see mr. finan was here for a six year period of time once mr. fighting left and i think that the mayor said in the paper that we needed to find out about first search and find out why people were leaving the city and i think i put off to the right the reasons that I believe people left the city mr. fighting left on his own will to take another job in pearland then we had mr. Chuck Harrington as a interim and then he took that job for another year in two months and left and retired from the city that's a total of seven years and eight months under the Harrison Frankovitch leadership under the Harrison and Mayor Schultz leadership we had Paul Davis that was here for one year was asked to leave by the mayor and then he had an interim mr. Michaelson and a full-time Chuck Pinto for one year one month and now we have mr. Reid for three-plus month as an interim city administrator so just want to clarify what the paper said was not true we actually had two to three full-time city administrators in the last ten years Thank You councilman kini well I'm going to support this this motion made by Councilman cones tonight simply because I think we do need to start the search are there improvements that need to be made probably so definitely there's always improvements to be made and I hope that that we certainly strive to make those improvements before we offer any person a job as the city administrator the i would rather this be done it differently than it's being done tonight i think that that it's certainly one way to find the new city administrator I've talked to the mayor in the past i think that the mayor needs to look at his position as being the chairman of the board we always hear we're going to run this city more like a business mayor needs to be chairman of the board we're board members and the only difference is is that we have the same stock ownership is every citizen we all have one and they've elected us to be their representatives and run this company I think the way to do this is that we target I think when the corporations look for new leadership at the top very top level they don't hire a headhunter which is essentially where we're going to do tonight they target who they want they look at what they look at their business they look at similar business they look at how those businesses are growing how those cities are growing the challenges that they're having the face and then they identify top candidates and they start the very top of their candidate list and that's what I've asked them there to do in the past it hasn't come about and that's the reason i am going to support this tonight because i think we need to get the ball rolling councilman barber I think mister man please don't want to speak just very briefly about this I also support this and I was actually quoted in the article and I think I was quoted very accurately although i'm not sure if it kind of came across in a very confrontational way and it really wasn't my intent fact after reading the article first call I made was to mr. weed himself letting him know that I've actually been very happy with how he's been performing I'm not trying to run him off and I don't think anybody here is and I wanted to make sure that's clear so I'm saying it again tonight it's not just kind of one of those things where people say the right thing and then just do something else this is a situation where when we all agreed to bring him on as interim how many of us wanted to see that timeline which one would actually do this and we got a feeling we're accountable to the citizens to to do that and so really this is more of a method of transparency of government as far as I'm concerned I will support this in that and then to toward that in one of the things that didn't we didn't make your word limit in the article was that I really do want us to work together on this because I think what the what the way our Charter is and people have interesting debates about strongly or weak mayor this and that and the other one very clear thing is that when you have something that there's an appointment by the mayor and subsequent necessity of confirmation by council it really works best if you work together so I just invite you to do that and let's get along really nicely and again i really enjoy the job chris is doing and and thank you and i will vote yesterday thank you before we vote let me just clear up a couple of things i think that the reporters that cover lake city do an absolutely wonderful job they do the best they can I've learned over my 18 months that most of my comments to the paper went absolutely possible or in writing by my assistant I do do some Google when I asked to as a favor the second thing is the chart up their father of Nick finance six years was under mayor mayor Frankovitch he left within months of I think Mayor Harrison being elected as far as the graph on mine the day I was elected who was at Paul Davis resigned which I have a great admiration for Paul because that is a very typical thing for city administrators to do when they are in an interim position so when I showed up to the office I did what I had to do which was to appoint an interim city administrator which is my cousin I also on my first day of being elected to this office extended the offer to chuck Pinto to beat the city administrator which was part became a large part of the campaign and I said I would do it and I did it on day one Chuck had to give 90 days notice and I respect that and for those 90 days we have to have a city administrator and I think that might also did a great job I think that Chuck Pinto did a great job I think I'm better for having worked under Chuck and I think the city's better off for having had him here for a year I don't have a problem starting the search never stopped looking the first person I found after Chuck penso left was Chris read the first person that I was seriously considered and I'm very I'm quite happy with the job that Chris Reed is doing I had sounds some emails to the people that I have accumulated and speak to and overwhelmingly the one thing I'm told is that shouldn't you know why the people that are leaving or leaving that seems reasonable to me and that's all I'm saying is that as we move forward with this search we need to know why their turnover is happening our form of government we currently have a strong mayor form of government that's a charter that the alternative that a lot of people say it's council-manager the main difference is that the the city manager is the CEO as opposed to the mayor there are other differences but that is a large one and at some point if we get a charter view committed we won't address that that's great I agree with the fact that we need to move forward I also think that we need to look at why we have the turnover we have as we move forward with this search so I have absolutely no problem with the timing this issue the motion of the floors by Councilman comes to approve the search mayor I'm on the debate okay go ahead on again I'm a little different with you mayor in the aspect that mr. Davis you know we talked to you before behind closed doors about this issue mr. Davis was asked to leave by mr. Carlson who was hired before mr. wow that's awesome left going at 11 more years here is that looking at this chart bear i just put off to your right the reasons for people leaving which i think you my opinion is fairly close but we really don't have a problem and stating that in the paper that all of these people have worked here and left the city half of them or interim city administrator so you really can't count that you're looking at three city administrators one left because you had a new administration with Mayor Harrison coming in another one leaving because he retired from city government and another one left for whatever reasons to go to to city of Seabrook so I really don't think we need to go out and do a complete search on why people are leaving for city administrators but I do different only with mr. Davis because he was asked to leave by your administration duly noted councilman Nelson I guess I got a chime in too now I take a little umbrage with what mr. Collins's chart it's an accurate and for all the people watching TV and all the people that are still here we all know an employee we got a great staff and people that work in league city or phenomenal people and most of us no one and if you know one I beg you go up and ask them why do you think the mayor's does up the administrators keep leaving a lot of the people and staff keep leaving you'll find out and it's very consistent with what what the mayor is trying to find out why they're leaving it's not what mr. Cohen has put this little color chart up there I can promise you that to ask a staff member an employee you know you'll get some I correct answers I promise you Thank You counsel Councilwoman Sanborn well the only way I'm going to believe why anybody left if that person tells me they're safe because anything else is going to be pure speculation I don't know why they laugh I don't know that any of us know for sure why they let the grass may have been greener somewhere else but you're never going to find out why somebody left in city government in state government and a job at NASA or a job at a bank unless you hear it from the horse's mouth anything else is going to be hearsay and I think they have for this reason or I think they left because of this reason and I'm not going to go back and say why somebody laughs want somebody say I'm just we have the staff that we have I appreciate all of you and I appreciate the people that work with you every day and I'm going to look at moving forward I'm not going to look backwards i am going to support mr. combs is motion tonight because i was told that when we hired a interim city administrator that we would move forth with looking for a permanent administrator i have no idea who that person is going to be but to go back and and find out wine and i shared it with the mayor I don't know that we're going to find out why so we can find out opinions but I don't think that we're going to find out facts so much we call the people back and said tell me why are you really lay out Thank You mayor thank you calcium Kenny yeah i'm not sure if you ever find out why people really leave sometimes unless it's you know hey I made by making more money someplace it's kind of hard to get that out of them but I guess my question is is did we conduct exit interviews or do we have on file exit interviews for any of these people here none is it do we conduct exit in their views for other staff members we don't connect exit interviews if I think it seems to me that there's over the last few months there's been a lot of discussion about employees we all want the best employees we can get we won the state long time we want them to feel productive in their jobs we want them to feel that those things that are necessary in order to keep employees around for a long time and I don't think we're going to really see any improvement until we start asking each and every single employee and all the way up to the city administrator and why they're leaving what could have been done different was it you know all those things and I'm not a human resources person so I would encourage as as I've seen improvement in other departments I would also encourage possibly putting together some type of enter exit interview if if that seems warranted I think it is Thank You councilman collies just to clarify one other thing the color chart up here that you see all of the information is public record came from the human resource department except the very last column the reason for leaving which I stated earlier that was my opinion so all the information is public record for you to look at thank you the motion of clears to approve and a staff to get us an RFP back by the first meeting in January by council co sex by Councilman Jim Nelson but no further debate please vote for is unanimous motion passes we move to 11a consider take action on the approval of an ordinance authorizing the issuance of city of League City Texas general obligation refunding bonds series 2006 lending an ad valorem tax approving an official statement authorizing the execution of a bond purchase agreement a transfer and paying agency agreement and an escrow agreement authorizing officials to approve the amounts interest rates prices and terms thereof and certain other matters relating thereto and other matters in connection therewith Council and Ted Nelson's made a motion to approve count seconded by Councilman Jim Nelson the to nelson's and it's now open for discussion hearing none we please vote for is unanimous we now move to item 12 table item subject to recall there are none item number 14 mayor's comments and reports first of all let me say that we will indeed be throwing candy in the parade and that parade is put on by League City al and I think those fellas over there especially Janice fallacy Betty Spacey on several other of those city activists work very hard for that parade and I think it is a wonderful event as is the the event at the park the parade hopefully we will be able to get plenty of candy out to the sides of the streets we will be throwing candy we will do it with as you know with the utmost to safety and mine and we will make sure that our kids get as much candy as they absolutely need I do I do mirror some of my fellow council members tonight as far as the very installment pastor in his church that that's the first time part of that quite frankly so I want to get involved in that tomorrow and see if there's anything we can do if there is that's great if not it that that's a shame but I know sometimes that's how it happens the noise issue again I agree with fellow council members is if you have a noise issue if you have an issue don't hesitate to call the police or call one of your council members 24-7 these guys are here to serve and so if you do have activity especially if it's suspicious activity don't hesitate to call if there's just activity feel free to call and let us know what's going on we are very responsive and just remember in the interim if you feel like you're not getting a straight answer if the city administrators is chris reed and he will make a decision on who handles your issue if you've gone through the ranks and you don't get any satisfaction if you go through chris reed and you don't get any satisfaction you call me but i will tell you that with the city staff that we have in place it just doesn't happen and as far as the newspapers i know that the other day fair called me from The Chronicle and he's the one that covers league city from a chronicle and does a just a darn fine job of it i might say as do all the reporters and he asked me my prediction on a game that we can the Aggies at UT and I as a one-third official you always want to act like you're in the know and I said Texas that I was not aware they had a football team so I had to try to cover a little bit i went ahead made a prediction i did predict Maggie's would win and I think Maggie's absolutely killed go ahead i'ma let you in right here and so then I did find that UT does have a team the mirror you really offering to you about it i want elect you to the college records where it talks about the cut large audience thank you congratulations though it's finally time the level we came back to life thank you that was a great game and we have a lot of Aggies a lot of Longhorns in this city and it's a lot of fun and it's another reason to bring people together and as far as the city administrator I want to say right now that I come in quiz read for taking this job and for the fine job that he's done and I hope that he seriously considers looking at this at a full-time job as we move this search forward Mary also want you to mention that the rice owls going to a bowl this year after 45 years is that 45 years since the rice okay go sir you heard it straight from Jim Nelson I'm that concludes item 14 items 15 items added at for electronic agenda there are nine item 16 layer yes sir for a point of order since I was the council person replaced item 16 and 17 only agenda i would like to pull both the items from the agenda okay excellent councilman Carl octuple item 16 and 17 from the agenda also they are officially pulled with no further business this meeting is adjourned you you {00:00:36}
5th row	{00:00:32} okay we're up good afternoon we call to order the City Council of League City regular meeting October 10th 2006 at 6pm I'll call roll Jerry Schultz here Ted Nelson Mike Barbour ready Tommy cone here Chris Samuelsson here so a stand born here John Keaney there Jim Nelson here thank you we will now have an invocation and a pledge of allegiance i was told that dr. Jenkins could not be here so i will give the invocation and the Pledge of Allegiance tonight and this would be a good time to turn our cell phones on vibrate please spell dear Lord we ask that you come into the Chamber's tonight and and give your wisdom to all of the elected officials and to bless all the the staff and the participants in the city the citizens of league city and we ask that you give us your strength and your counsel as we work through this meeting and we ask that our votes and our conscience and our motives are pure and we ask that we do everything and in the name of Jesus Christ and tonight we pray amen like on the United States America and to the Republic for which it stands on a nation under God indivisible with liberty and justice for honor our veterans like our pledge allegiance to be in English item number three the approval of minutes we have August twenty-eighth special meeting August twenty-ninth special meeting and sep tember of the 12th regular meeting are there any changes to these minutes here nine minutes or so approved where are the blood to abstain from August twenty-eighth meeting okay councilman Collins is going to abstain from the August to 28th meeting item number for appointments proclamations presentations and awards a presentation of a proclamation recognizing the Bay Area Bluegrass Association for their creative mission and dedication to the community this is issued by requested by Councilman John kini does anybody here to accept this night if you've come forward all I'll read this to you and your name sir my name is dead Friday I'm the president of the Bay Area Bluegrass Association okay glad to have you here tonight sir whereas the Bay Area bluegrass association was founded in June of 1986 in League City Texas with the primary mission of preserving and promoting bluegrass music as an American art form ba-ba-ba-ba is recognized throughout Texas in southwest as a steward of the art of bluegrass music whereas the bay area Bluegrass Association has given League City the gift of music through this monthly event at the Johnny Rocco Civic Center the event is open to the public and has a yearly attendance of over 3,000 people from the Greater Houston area and whereas the bay area Bluegrass Association has been an active contributor to the league city community for the past 10 years supporting and participating in local events such as the Clear Lake Area Chamber epicurean evening July 4th fireworks fundraiser and the balloon festival the group has been a supporter of the Clear Lake Crime Stoppers and performed at least cities concert in the park Armand by bio you nature centers Fall Festival and area nursing homes and churches and whereas the Bay Area Bluegrass Association held the first annual Texas State mandolin championship ship on August nineteenth 2006 in league city at the Johnny Ruffo Civic Center and hosted approximately 500 guests and participants from all over Texas and as far away as New Mexico and whereas the success of the event was proven by the overwhelming turnout and the high caliber musicians and attendance and we're asked since june of 05 during its monthly events the variable address Association has actively supported the league city business community with an innovative innovative raffle which requires receipts from purchases made in the league city in league city for participation and whereas the bay area Bluegrass Association has demonstrated excellence in the preservation of bluegrass music and also in its support of League City and the surrounding communities now therefore I Giri salts by virtue of the authority vested in me as a 7th mayor of the city of League City do hereby proclaim October 10 2006 as Bay Area blue crack Bluegrass Association day and witnessed we're of hearing to set my hand and caused the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six the next proclamation is item 4b presentation of the proclamation recognizing october two thousand six as national disability employment awareness month city of leeds city presents this Proclamation for the national disability employment awareness month to side by side an organization here in league city whose mission is to empower citizens through education to stand side by side with people with disabilities as they contribute to our community where we all live learn work play and pray is there anyone here to accept this tonight come forward and would you like to state your names my name is Renee Bennett okay Roberta Malik my name is Camille okay and we'd like to thank you mr. mayor for making this Proclamation on behalf of side-by-side a support organization for people with disabilities and their families too often people with disabilities are not giving the opportunity to be a contributing member of our community side by side promotes participation in all specs of aspects of community life where we live learn work play and pray for all people with disabilities we welcome all interested citizens to contact us to see how you can help us in our efforts thank you for your time thank you city of League City office of the mayor proclamation whereas an individual with the disability is defined by the ad a as a person who has a physical or mental impairment that substantially limits one or more major life activity a person who has a history or record of such an impairment or a person who is perceived by others as having such an impairment and whereas this definition includes disabilities which a person is born with and also those disabilities that a person might acquire during their lifetime such as those sustained by veterans or the elderly and whereas for people with disabilities employment is essential for independence empowerment and quality of life and whereas the city of League City encourages employers to invest and the energy of people with disabilities and whereas the city of League City wants to move toward a community where all citizens live and work with dignity and freedom and whereas the city of leak city recognizes the considerable contributions our disabled citizens made to our local economy and reaffirm our commitment to full inclusion in the workforce now therefore i gerald by virtue of the authority vested in me as a seventh mayor of the city of league city do hereby proclaim october sixth as national disability employment awareness month in witness whereof hearings who set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six item number five a public hearing and action items from public hearing held a public hearing on zoning change application z06 now Mike resistant won the digital there okay I hold a public hearing on zoning change application z06 dash 18 Randall's request number two to rezone approximately ten point four acres from neighborhood commercial to mix commercial mixed-use legally described as a portion of the John Dixon lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 we will open this public hearing at 611 if there's anybody that like to speak to this issue please come to the podium and if you do come to the podium please state your name for the record good evil my name is Jeff Burkhardt mr. mayor members of the council the reason I came out to end this evening was to simply talk about the mixed-use change the concern I have is I'm also a resident of the west side of the city and the question i had rhetorically was what are we saying about the west side of the city with a mixed-use change as I've watched I've noticed that not only do we have an inordinate amount of service industry gas stations already within a mile we have five currently three adjoining the current existing property but also the kinds of businesses we have no sports bars now we have popping up we had liquor license application for in front of magnolia estates for building a multi-million dollar high school we're building many many thousands of homes south of Brittany Bay Boulevard and my thought was what are we saying about our side of town and I thought to myself as a concern of citizen and also a minister in our community I see this as neighborhood commercial does have restrictions on what we can and cannot put and it doesn't restrict business it doesn't restrict us the opportunity to go forward I'm not against business not against progress but my question is what are we saying and what what are we mixing it used for and my guess that's my biggest concern and I would just ask that you take that into consideration as you consider your vote what are the other options that we have that could possibly sneak in there and what do we say is we're driving by and and building you know houses for tens of thousands of people to move into and for a mile and a half we have to apologize for the way that we've maybe not handle the last large bit of land that's there and not thought through what are the exact things that we can do with this how can we make it more community central what are we can do and I think leaving it neighborhood commercial gives us a lot of opportunities so that down the road we don't have to address this issue again as to maybe we should have done some things different maybe we should have not zoned it the same way so I would just ask you to consider what we're saying about the west side of our city what do people have to drive through what do we want them to see as representative of our city and our driving to these brand new subdivisions these large developments that we're planning south of Brittany Bay Boulevard in magnolia and westover park south and i just ask you to consider that for the use of neighborhood commercial just living it intact thank you very much thank you Jeff my name is Forrest sorry and i live at 1705 linear which is the neighborhood behind there it's at landing book along blanding boulevard in 518 my biggest objection to this thing is basically there's a possibility that a hotel could be built on that property and that's unacceptable when it's that close to an elementary school not to mention the fact that hotels go through life cycles I don't want this to turn in some places that winds up being a rent by the hour kind of place which winds up having too many police coming to that area to deal with a problem that we shouldn't have had to begin with because it was not should not have been zone that way to begin right there's also a possibility of having going from a one-story structure to three-story structures which means there's a certain council person that lives here that will wind up having a third story structure somebody in there looking down in her backyard that is not wise in my mindset of what a good land use is for those properties it needs to stay neighborhood commercial and rather than have you think I'm the only one there I came to my attention that somebody was trying to get a petition going with this I didn't find out until about noon this afternoon but I managed to gather this many signatures on here plus the back I want to make sure the council people have done because I have not met a single individual in that neighborhood that wants this and I guarantee you if you vote on this one buddy I'm going to make sure everybody in my neighborhood knows about it there's some things you guys can do for your developer friends you give me money he's learning oh my apologies for threatening that's okay for fun I'm not really trying to threaten people i'm just letting people know and there are consequences at the election areas in the election type of setups don't remember I understand but really my god let's don't let's go get as an individual how long I want for it again I learn about either won't be okay thank you okay I'm telling you a will the people are going to know about this vote sure and we'll let it go with that thank you anybody else I'd like to speak to this issue thank you for the town my name is Nick al BTW i do own some property and that area i provide a folder and up with for all their City Council and Mayor which what we did they basically connected with some professional to keep us some feedback and what is learning about Wendy change them the verities they put them in one why is not good because the current zoning can provide some something which complement the area the neighborhood and it would help see basically the area that land is located there is some church summer school and never subdivision and if we keep them the same zoning isn't somebody common develop them base of st. zoning complement the school the church and subdivision but if we change the zoning the effect on that one going to be yes we allowed to be hotel and commercial lodging undertaking funeral and internet service industrial research and development industrial wholesaling and distribution automobile rental at Mobile Equipment cell service vehicle service building material sales and service Convention Center communication facility communication tolerance structure transportation turning our self estores facility this is base of the city code if we change our zone as I said if you look at this one equal to believe why bit against it if you look at them from Ross elementary school kill the landing we do have three gas station from 45 of west side hey landing the t6 gas station and really it doesn't giving any new sales based gas for City just what they do the quality of this business is going to get reduced because certain customer people client the dry pass right there they're going to go some of them to the new police that's all and another thing it is the last City Council they got denied they wanted to be general commercial they say this is theirs they said they're going to put a bank shopping center fast food and they're going to make a big development and thanks God city councillor mayor they deny them and that can offset their purpose it is motel and gas station this is today they get a variance for the motor anyhow thank you for the time and I appreciate okay thank you is there anybody else that would like to speak to this my name is Rob nay car and i am the owner owner's representative and I guess what I really just like to ask is does anybody have any questions of me based on our proposed zoning change okay I mean I'll go hang out in that queue up so fearing vassals to get on go ahead John oh my understanding is is that a commercial mixed use a site plan is supposed to be submitted along with the development and but the only thing I'm really seeing is one gas station and that really doesn't give me an idea of where all the entrances to this piece of property are that you are going to be I mean how many entrances like to the west how many entrances to the north you're going to have and so I'm wondering how come that was not submitted along with this as I mean it sounds like you're trying to get a special use permit at the same time and I I also don't know whether or not you're trying to you say hey I don't want the special use permit if I don't get I mean I don't want the zoning change if I'm not going to get the special use permit so what are you what are you seeking here we are seeking right now we're seeking the mixed use designation we were here at the end of june thirteenth meeting we request a general commercial zoning which would make us lack of that were equivalent everything that's around us there's a CVS court across the street to gas stations on either other corner and there is my understanding that council requested that we go back as a mixed juice and that's what we did and and with the mix juice juice and then part of it in the next part would be the special use permit to answer your question regarding entrances on 518 text I guess ultimately has control than our plan would have one entrance on 518 which would be the appropriate distance from the corner which is approximately 360 360 five feet off of landing Boulevard and is the whole parking lot I mean the whole the whole area going to have one parking lot or are you going to have right now areas mr. Keeney we're not a hundred since certain I can show you what we have in mind for the front right now we're just focusing on the front of the property and yeah but that would I could shut you know show you something that would handle the front of the property okay I've got some questions but it's those staffs also goes back to it again during school it was requested of us by council my understanding was to come back and have this property designated mixed-use we went back through staff we talking about it they recommended we went through p + Z they approved it and that's what we are here today and here the question okay thank you is there anybody else that would like to speak to this issue okay we will close this public hearing at 623 and move to item 5 V considering to take action on an ordinance amending ordinance number 2005 dash 24 to rezone approximately ten point four acres the Randalls request number two from neighborhood commercial to commercial mixed-use legally described as a portion of the John Dickson League survey eps track number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 anybody okay this this action item will die for lack of a first and a second we will now move to item number 5 C hold a public hearing on special use permit application su p 06 07 Randall's request number 3 for a special use permit on approximately ten point four acres for a gas and service station and CM commercial mixed use zoning lately described as a portion of the John Dickson League survey f track number nine generally located excuse me south of FM 518 and east of landing Boulevard with your proxima address being and the 2600 block of FM 518 we will open this public hearing at 625 if there's anybody that like to speak to this issue please come to the podium seeing none we will close this hearing at 625 and move to item 5 d consider take action on an ordinance amending ordinance number 200 5244 special use permit on approximately ten o'clock for actors su p 06 07 Randall's request number three for a gas and server station in commercial mixed use zoning they can be described as a portion of the John Dickinson lead survey abstract number nine generally located south of FM 518 and east of landing gold bar with the approximate address being and the 2600 block of FM 518 anybody may or make them I mean I'm not sure why we're even considering this section since we failed to take action on the previous motion I don't think especially as proven is allowed in the neighborhood commercial for discussion purposes may I make a motion to deny account especially youth permit under spot to eat okay councilman sandwiches made motion to deny second seconded by Councilwoman Phyllis Sanborn and is now open for discussion councilman Sanderson mr Fraser come up for a minute and answer a couple questions print-friendly questions I don't think there's anybody up on council that doesn't want to see that property development or commercial use since you are economic development director can you tell us what type of inquiries have been made in the past on that piece of property as it exists right now zoning wise for many years we've been working with Randall's to to locate a store in that location they had of course bought out by safeway a lot of the decision for din made in california by the safeway of people and the property was scheduled for development at one point they put those on the shelf and now they were wanted to sell it since the sale was announced we've not had really any inquiries on that we've not really had a suitable prospect that that wanted to locate at that point we put most of our efforts in trying to encourage randall's to put a grocery store there at the request of a lot of the area residents warning phone but now that that point is moot so but we've not had any significant inquiries since that sale last time this came of course when the quest from the owner was for the general commercial Iram to recall some discussion about the representative of kroger saying there's not enough space there to to put in a grocery store any comments on that well rattles thought there were in fact they were looking at pad size as well I don't know exactly what size store they were looking at at the time very similar we thought to the existing rentals here in the league city but they they thought it was a ghost pays for country store as the director of our economic development corporation does the EDC have any type of position as to what type of business they think would be best suited or appropriate in that location to serve the citizens of West Side know we've not taken a position or discussed that specific site location since the sale was made thank you for your comments ok miss chambers last time this came the course and the request was to change it to general commercial I seem to recall that the PNG was unanimous to change it to general commercial and the council disagreed this time I see that it appears that the pn z is voted unanimously for approval to change the zoning what if you if you're you know now what was pansies discussion with regards to this property in this zoning change request it's my understanding councilman that p & z did approve the CM zoning based on the direction that council provided the applicant at the last council meeting when the african did request to cici's cg zoning counsel advised that they come back with a CM and it's my understanding that Panzi supported that for that reason because the applicant was abiding by what council had directed Thank You counsel makini miss chambers what is the requirements for developing a commercial mixed juice what is this site plan that a site plan has to be submitted whenever the property is zoned commercial mixed-use and that site plan has to be approved by the Planning and Zoning Commission in all the other zoning districts site plans are approved by the development review committee and ultimately approved by the yes city engineer however in the CM zoning district it is a design for a unified development and that unified development plan must be approved by pian zi and and when winds should that I mean not when as far as a calendar date but went in the process because what we have here is the you know we had a zoning change as one issue on the agenda and then the very next one was a request for special use permit and on that special use permit that was starting developing a small portion of that so should the site plan come in before asking for individuals pieces because isn't that what the site plans supposed to do is provide a unified development that's a very reasonable question councilman typically if the property is our red zone cm of course we would see the site plan in this case the applicant was basing his zoning change on whether or not he could get the special use permit to do the gas station which is why he that if he didn't get the special zoning he of course he did get the special use permit he did not want to change the zoning and I think that's one of the reasons why we're not seeing a site plan as of yet and also typically and in a zone change we won't see a site plan until the applicant is sure that he's got no zoning approved before he expend any money in getting a site plan developed but this is a case where the applicant is wanting to be sure he's going to have the special use permit to do the development before he proceeds but nothing's been presented to PNG or to staff regarding some unified no sorry we have not seen a unified site plan at this time calcio samuelson a couple other questions for Miss chambers if the zoning were changed had been changed tonight what type of buffers would have been in place under our existing ordinances for the people in the neighborhood behind them I think it's important that people here there would have been a 50-foot buffer requirement just a 50-foot buffer from this from us district and any and i'm not sure looking at where the residences are in relationship to the site without seeing an overall site plan it will be difficult to tell you exactly what the purpose will be but we do know that there is an adjacent open space zoning district to this site and that would be require a 50-foot buffer buffer in the event the layout of the site plan has any portion of the commercial property adjacent to residential area there would also be an additional buffer and landscaping require typically 30 foot okay you heard a real her mr. elviria up here he presented a letter to the council and he listened 13 different types of uses that would be allowed in that area had we changed the zoning such as hotels lodging undertaking industrial research auto rentals auto equipment vehicle service building materials Convention Center communication facilities communication towers and structures self-storage facilities what other types of uses would be allowed in that space were we to to change the zoning as requested tonight I don't have a complete list of the zoning ordinance here with me tonight councilman but the commercial mixed use is more of a regional type zoning district it is designed for to provide services for an area other than just the neighborhood that is adjacent to the current zoning of this is the CN which is of course designed for neighborhood commercial type uses once you take that to the CM zoning district you're really saying that you're developing this particular track to service areas other than just at adjacent neighborhood so you're going to see a wide variety of commercial uses in cm district could it be retail shopping definitely yes sir that would be allowable under the proposed zoning change yes it was one retail would also have been allowed under the CG however is limited in size last question I had was as it is presently zoned as neighborhood commercial have you had any inquiries from any prospective business owners or developers to to put any types of commercial uses there I have not our office has not thank you no further questions Thank You councilman barber Mary couple other questions very I think one of the advantages that was pitched to us when council I guess there was some mention of coming back for CM designation was that the advantage was that the PNC would be allowed to look at a unified minister plain as he described earlier that correct that is very for accountant now I guess my question is the interesting thing about that is that they have to review that but all those uses that council singers have just described they're allowed by right once the CM designation is zone that way isn't that true that's correct so it doesn't see I mean I understand that they want to unify didn't have a master plan in place basically any of those things go once it once it's there right yes once the zoning is approve those uses go what allowing the p + Z to approve the unified plan the comfort level that that gives is that you have that body that is responsible for the planning of the community looking at that plan to ensure that it does provide adequate support for the neighborhood and not devalue anyone's property in that area but also that it is comparable to your comprehensive plan and that it follows the direction and the policies council has said I appreciate that it it still allows that it puts them in a position to try to make it the best they can in case they want to put a hotel there it's allowed by right once the CM zone but they could try to do what they can to make that the best they can say or minimize the impact by reviewing that unified plan I understand and then one question for either the mayor of city attorney on this and I think council makini correctly stated that we really can't approve an SUV at this point or prove or devote on a CPA this plan is that correct since it's not been changed well you could vote on an improvement but it would be a nullity because you can never make use of the permit the underlying base don't think I'm just wondering if it's truthful to even have but I know councilman Santa some wanted to have a discussion I appreciate that but I don't know if we're going to really build on this well there is a motion on the floor with a second so unless our with drama much okay thank you and let's see how would John the second in there we can bring that back up right there's no provision for that no prejudice to okay alright so the first has been withdrawn as has the second so we now move to 5e told the public hearing to designate the main egret bay boulevard and FM 270 as it extends from Clear Creek to FM 646 so move Councilman Jim Nelson said motion to approve and that was a public y miracle sorry I'm sorry there after that I am NOT happy to consider and take action yeah I'm sorry hold a public hearing to designate egret bay boulevard on FM 270 as it extends from clear free to FM 646 rope is public hearing at 638 sorry anybody that like to speak to this please come to the podium my name is barry evans i recently opened my law office building on FM 270 at larger and in the past several months i found there's a lot of confusion out there with people not understanding once they cross the bridge it's no longer egret bay and it becomes FM 270 and talked to several the business owners along they're not received any objections and I think it would be more consistent and would help the city to name a [ __ ] Bay Boulevard as its it is a very beautiful Boulevard so I thank you for your consideration very i also wanted to come in to you i received a letter from you a while back commenting and complementing our staff on the job that they did assisting you in your development and i've been meaning to call you and say thanks for that kind letter because i know that took a little bit of time so since you're here tonight thank you okay okay is there anybody else that like to speak to this issue okay hearing none we will close this public hearing at six thirty nine and move to 5f now consider take action allah norden's to designate the name user bay boulevard on FM 270 as it extends from Clear Creek to FM 646 Omega first is done ok Thank You councilman jim Nelson's made the first councilman Mike Barbour has second to that motion is now over for discussion hearing none please vote core is unanimous motion passes remove the item number 5 g hold a public hearing on zoning change application z 06 21 to rezone approximately thirty point seven acres from commercial mixed-use to general commercial nearly described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 1415 a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of i-45 anybody like to speak to this item please come to the podium will open public hearing at 640 seeing none we will close this public hearing at 640 p.m. and we will move to 58 considering take action when ordered some ending ordinance number 2005 dash 24 degrees own approximately thirty point seven acres from commercial mixed use to general commercial legally described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 14 15a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of high 45 mirror luke to approve council mccomas has made the motion to approve look in the council and jim nelson second of that motion it is now open for discussion hearing none please vote four is unanimous motion passes item five I hold a public hearing on zoning overlay application z06 dash 16 / p for a PUD overlay on approximately 40.0 acres zoned RS f7 single-family residential with a minimum lot size of 7,000 square feet legally described as track 33 of the stephen f austin survey generally located north of FM 2094 in west of davis road with the approximate address being in the 800 block of davis road anybody like to speed come to the podium please will open this public hearing at 642 mr. mayor council my name is Dale hardy and i'm representing the african this particular issue want to take just a minute to kind of review the project site this of course is Davis Road this is the start point subdivision down step 17 this area right here this is the wharf marina fork down ORMs around here this is at recommend that we're talking about right here all of this area in here is where the primary development will be and then it will be a series of blocks running along here is another map and a few minutes that will show that more clearly some questions have been asked relative to the site's wetland in fact this map right here and the color doesn't show up very willing as I apologize for that this area right in here is what has been identified delineating and approved by the Corps of Engineers as being jurisdictional or wetland property of that total tract which is roughly 40 acres as approximately nineteen point four acres that is that it's jurisdictional water that's a very out here and there is approximately 1.94 acres which is considered jurisdictional wetland that's all we're dealing with on a track which leaves you roughly 20 acres of developable upland land mass and that's what we're actually working with this particular project has gone through the core permitting process we've submitted our documentation for the wetland delineation that has been approved we've submitted our development plans public notice has been processed those public comments have been returned public hearings have been closed we are now in the process of a 30-day response on all of that the Corps of Engineers at this juncture is say they're good to go with what we propose the Texas Parks and Wildlife however have come back and said that they're not real comfortable with the island idea that we were originally talking about they would rather see us minimise the mitigation on the wetlands we have a couple options for doing that both of which would be well within the confines of the foot that we're asking you to approve tonight and neither of which would would impact the wetlands one of course would be to simply eliminate a lot possibly two outs at a lot 1 & 2 right right down that corner the other would be to go with a shelf around the outside perimeter edge of the bulkhead there's couple projects we looked at did that we can add the mitigation that they're asking for in that area so at this juncture we're only dealing with one agency that still has a has a bit of a concern and we've got 30 roughly 30 days to continue our negotiations and try to respond to them and resolve that issue the type homes were going to see I'm running out of time so the take homes were proposing that's okay you go okay the tape owns we're proposing out here are very similar to what people which you'll see in these photographs and these photographs actually come from the woodlands this is a very similar development format torts in woodlands the common drive areas the reduced setback lines one of the things that we're asking for one of the variants are one of the variances that constituted the food that we're asking for is we're not proposing to put sidewalks in this area and the reason for that is there's this is a neighborhood that all of these houses are going to be the only place you're going to walk is across the street or down the road to your neighbor's house there's not a grocery store there's not a school there's no other place that you're going to be going and because it is a gated community there's not going to be traffic traversing the site we're simply talking about people within the site moving from one to the other are visiting with one another so this lends itself very well with that it's a large page or paving stone or possibly stamped concrete drive ariat in this area the sidewalks are attached the driveways you can see the side garage here in this area so that's what we're asking for there was some conversation in front of p + z about the sidewalks on davis road and if you've been down there recently roughly a third of it has sidewalks and the balance of it doesn't the developer in this particular case is certainly going to build a sidewalk along the entire frontage of davis road from the Northland to the south line which is rather significant amount of sidewalk so we're not talking about the public sidewalk we're talking about the interior on the private streets as part of the variances that we're asking for me there's a another photograph I'd like to show you this would be this would be a rear view again we're proposing it's a little bit different because what we're proposing in this area is a canal but this would be the this would be similar to the backs of the houses that would be backing down to the canal and your water weight in this area here and of course we've got three of those canals that will be constructing but houses on either side and then we have approximately seven lots that will be directly on Davis Road that they're on the north end of the development site the the other issue that came up and i think if you've had a chance to read a staff report the other issue that came up had to do with the private streets as you're aware the city charter actually defines a public street as being a 60-foot right-of-way and of course that's not what we're proposing to do here so this one these will not be properly private streets these will in fact be private drives contained within a common area it will be owned by the HOA operated and maintained but there will be an overriding easement granted back to the city of leaf city which will allow for police ambulance is garbage collection utility companies anybody else that needs to get in there there will also be in conversation with the fire marshal we've worked out an arrangement to where we do have the secondary axis point in case of emergencies would be in essence a crash gate so that you can get in and out of the development in the event that there was something to thought for primary access beyond that I think I think I've addressed most of the issues that I've heard and for the most part most of the issues came up TMZ I'll certainly happy to answer any questions you have either now or later when you begin to deliberate either way any questions yes okay I'm sorry me great they were um take a deal for that you mentioned earlier about the woodlands because one of your clients that's doing this is attending to do this project was involved in developing a business mr. Brown Richard Brown yes sir he's here tonight yes here tonight yes it's my understanding that he is and I don't know him never met him I've done some research on before I think he's been awarded for being able to do environmentally sensitive projects and what they've achieved in the woodlands has been stellar is that correct that is very correct as manufacturing Lemaitre I didn't say a lot about it tonight but we made a presentation to pnc we talked a little bit more about what the IMP new image that we're trying to create out there and what we are trying to do is blend the development as much as possible with the existing environment we do have some very sensitive wetlands out there we've got very nice water body out there the approach we're taking is to minimize the impact and to inform you tend to maximize you know the views that will be creating and the this Enclave kind of kind of sensitivity that you will have within the neighborhood itself it's been very well designed along those lines any more counseling cones yes thank you Mary mr. RDL before we make a motion or moving over to guess for approval or denial on page six of seven of the staff report or our package I guess we have several recommendations and I want to be clear before we make a motion you stated about the sidewalk variance not to be granted this is staff marrying you may want to answer it for us is this the same sidewalk you're talking about or is this the sidewalk bets on Davis Road I just need clarification before we make a motion these recommendations on this page how does that affect you in this development the organizations that you're talking about a relative to that to Davis Road ok yes what we did with this staff report was a little bit different because we wanted to show that once the if council approves the PUD that staff would be looking at other issues in the site plan development and we've discussed these issues with mr. Hart okay so therefore you're not looking for a an approval with recommendations or or no sir we're going to we're going to handle those and 11 we're reviewing the site plan or the master plan is that pretty clear with you mr. or desert suggested that was our understanding as well yes sir okay thank you Councilwoman Sanborn the sidewalks was a concern that that I had when you brought that up if you did that that hit your back and show me one more turn and the neighborhood explain to me in why we would not be putting some blokes in or the house is actually going to be as that picture shows us that close to the the development we're proposing will be very very similar to this as far as the as far as the proximity of the houses to the draft within the body of the of the design work that we're working on right now or it will actually have a staggering sum of that some of the properties will be you know 15 feet from the edge of the pavement some of the properties will be 20 feet from the edge of the pavement what we don't want to create is a picket line on the front of the house that's what we want to do is create some texture to the neighborhood and by doing that will move the houses in and out depending on the site and the location and the view quarters that we're trying to create the reason we're saying that that that several we're basically seeing the sidewalk is not a necessary component of this type design and the reason for that it's like I stated earlier the only place you're going to be going if you're walking out there is is within that neighborhood it's all once you enter into that neighborhood is like being in your own backyard the entire neighborhood becomes one and the same if we if we tried to put sidewalks in there you'll be talking about chopping this green belt right here is where you'd have to put those sidewalks and you're not going to segregate the the pedestrian traffic significantly enough from the vehicular traffic that you're going to create any additional safety zone because you this is not a curved type street this will be a rollover type to curb the high point will be the street and everything will break back to the canals so we just don't feel like it is consistently with the image that we're trying to create out there and by leaving them out we don't believe that we're creating any pedestrian safety issues or driving issues because this is Oakley you won't be going any faster on these streets and you would pulling into your driveway and going toward your garage what about it you parked in front of the home and people parked in front of the homes and children were riding bikes or out playing that's a possibility too right that's that's a possibility but but quite frankly if there are riding bikes there as in most neighborhoods are more likely to be on the street than they would be on the sidewalk anyway one of the things we'll be looking at with this development is some common area parkings and common areas and wide spots where you can pull off because one of the things you've got to keep in mind is that you know if you've bought one of these homes for example and you were going to have a party not everybody you invite to the party lives there so there would be guests coming in there would be a requirement for additional parking so those are the kinds of things that will be detailing out as we move towards a planning process and the engineering approvals the the variance associated with the pud is simply that that not being mandatory requirement within the body of the development would there be room on these streets or a school bus to go down the streets yes the streets and the cul-de-sacs meet all the code requirements for a standard residential street within the City of Lake City it's only the right-of-way the width of the right of way that we've shrunk we haven't shrunk paving the requirements will still meet those requirements so a fire truck school bus any of these type vehicles could traverse the streets making normal turnaround within the body of the cul-de-sac and leave the development just as they would any other subdivision or into the street because I know that there's some that some of the streets that we have that are private or just some subdivisions where they have to walk down to the end of the road because they're not able to turn around so thank you that's how I have counseled Nelson is briefly I ever wear that cars located why wouldn't if he had three or four maybe five cards why would that cause of safety issue without sidewalk without a sidewalk because again the traffic we're expecting out there is going to be just like that it's going to be a parked car you're not going to be going any faster in that area then you would in your driveway if you were going to the back of your driveway the other thing is we've got the street without there so if you have a car parked on either side of it there's still room for a vehicle to Trevor it's the center or for that matter of bicyclists for pedestrians or anyone else it it's not so much an engineering issue and we're not trying to save money what we're trying to do is create an environment we're trying to create buzz that's feeling this look to where once you're in that subdivision you don't have to get all the way to your home and be in your backyard before you feel this this neighborhood feel you feel it as soon as you come through the gates and you become part of that community council McCollum's just one other thing they'll just to clarify I know we're talking about sidewalks the sidewalks actually going to be to the east of this road correct out on Davis Road where the fence is that correct and so there is a sidewalk that's going along with it I think everybody's getting confused there's no decide well let me put another map here from money you still have a sidewalk but it's outside the gates for people to walk down the street that'll work pretty well the the photographs we were just looking at photographs we were just looking at a few moments ago would have been in this area here here your streets here your canal and your canal and this would be clear creek coming around here so these Lots would actually front on clear creek the sidewalk we're talking about will be out here on Davis wrote and it'll run from here all the way up to there and that will accommodate your public pedestrian traffic that is that is moving back and forth long day before ever and that's where I said while ago about a third of davis road has sidewalk some cases both sides some cases one sad if we put this piece in there it'll be a big jump toward getting a sidewalk one into the other ultimately leaky boats going down this tonight yes yes these canals I think the design parameter run that's 50 feet so so you're you know you're not going to bring on you're not going to bring a young you know but a ski boat small sailing vessels I canif it'll certainly be able to go in their boat list I don't know what the plan is for that are you know that's that's kind of getting into the architectural design scheme and I don't know whether they're going to have boat lifts or whether I would anticipate that they're probably going to have some Heights requirements to keep that low so that you don't obscure the visibility but that's just an opinion I don't know that any other questions for mr. Hall okay thank you is there anybody else I'd like to speak to this issue we thank you mr. mayor city councilman my name is mike conway i live at 793 davis road I've owned a home marina point for over seven years my house and those of 29 of my neighbors are just a hundred feet from the South property line of this proposed development so we will be the most immediately affected by it personally I think that the proposed plan is a superior use for this tract and then it will positively affect the Davis Road neighborhood and be minimally intrusive to the neighborhood I think if it's built as proposed we'll all be very proud to have it in Lake City I think it's going to be that nice and so I urge you to vote in favor of it thank you thank you anybody else my name is Bob Ward I'm president bring appoint the kind of any association and I just wanna say that I want second Mike's motion that we think this will be a great use of that property and help all our property values is quick looking for going to fort one of those thank you good evening I'm Larry read i live at eight nineteen Davis Road and I want to add my support to this development as well thank you thank you sir their counsel for the record my name is Chris Holman and i live at 23 32 crow's nest dr that's down a davis road i'm also a member of planning zoning commission as you know and the NZ did recommend approval of this overlay but i'm really speaking tonight as a longtime resident of davis road and lee city was a little surprised at P & Z when there was quite a bit of negativity that came out against this requested overlay zone oh just to give a little background my wife and I have lived at the wharf uber account on there in 1979 Wharf was the first project on Davis Road in fact that's why Davis Road was was built at that time actually paved and we've watched Davis Road to kind of build out through the years and this 40-acre parcel is the last undeveloped parcel down Davis Road and we've seen a lot of different plans over the last couple of decades a couple decades ago high density apartments were proposed and attempted and then higher density residential and we really think that that what is being requested this evening as far as the overlay zone and the concept is is absolutely the best plan that that's surface in a quarter century before that track and the reason being is you know I'm comparing it to what else has been attempted over the last 25 years what exists on Davis row you {00:00:44}

Common Values

Value	Count	Frequency (%)
{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	1	0.5%
{00:00:00} and that's all I have thank you very much you're welcome to stay and do you like the next next item might be a little one mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that have a lot of interest both the technology report and the M charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to an ex meeting and begin with the a CLC report and and give it its due time and interest then I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion is sex all those in favor please say aye aye aye if that's up I goes against one against four left be noted for eyes one name right so we will move what would have been g7 formerly g5 to a future meeting the next item is jeez what was formerly g6 decision regarding the Charter proposal received from the Community Learning Center schools um this item tonight as you know we had a public hearing regarding the new charter proposal I would also like to note that there was a request directed to myself and the board for a postponement of this item and I have responded that we are not interested in postponing it but going forward with the item tonight so on november nine 2007 the district received the charter proposal from Community Learning Center schools incorporated the proposal describes a k-12 educational program to be known as in CLC which is an outgrowth of the highly successful a CLC program the new charter school would initiate a k5 program while expanding capacity for grades 6-12 enrollment in the ACL model to analyze the proposal I formed an evaluation committee made up administrative staff members as well as outside consultant Chuck cadman our charge was their charge was to evaluate the ncl Charter proposal in the light of current law board policy and the model charter school application adopted by the State Board of Education as is the case in all charter evaluation the final rubric was to be the criteria for denials as recited in the charter school act with all due respect to the ACL see staff that authored the Charter proposal it quickly became apparent to that committee that the ncl Charter proposal was seriously deficient a summary of our initial findings in the format of a criteria for denial is attached to this report and I asked Chuck cadman who facilitated our process to come forward and present those findings I am recommending that the board adopt the findings contained in this report and deny the Charter proposal from the learning center mr. cabman thank you super netted a lien board members I'm going to apologize in advance my voice is going to be a little raspy our granddaughters are very good about sharing whatever germs they're harboring at any given time and that's what I'm dealing with now before going over the initial findings of the committee that the superintendent form i want to say word about why i think it it quickly became evident that the Charter proposal had a number of shortcomings it's a very human kind of an error if you think about the fact that a CLC very successful program it would be natural to build a new charter proposal kind of on the shoulders of the old charter proposal but but while that is a very human way to go about it it doesn't work it doesn't work for three reasons first of all every charter proposal has to stand entirely on its own it is a contract between the charter school applicants and the school district you cannot incorporate by reference practices that are written in another charter or in another MOU and say we're going to do it the same way because there is no way for accountability to obtain to something written in another document I mean obviously if if the other school if a CLC in this case begins to do something different then what does that mean for the new charter that's reason number one you can't piggyback one charter on another reason number two is a CLC is a very dependent charter school in one can sustain the argument that the successes of a CLC are in large measure the successes of the school district why a CLC came into existence as a district school it was very heavily subsidized up until two or three years ago by the school district and even now there are accommodations provided by the school district for a CLC that are that I don't know that I have not experienced in any other relationship between a charter school and a authorizing entity by contrast ncl c is slated to be an independent charter school to be their own public school employer so that further makes the point you can't piggyback a new charter on an old charter especially when they're going to be such different animals and finally from the time a CLC was approved until now there been a number of changes in law and regulation we have the model charter school application adopted by the State Board of Education none of which a CLC had to deal with and as time has gone on has never really been fully reflected in their charter but just simply we put it in an MOU and that's very that's very common that meant that in retrospect in putting together the incense ELC charter it would have been wiser to start from scratch making little or no reference to the pre-existing program so that it was a self-contained self-actualizing and a document that led itself to accountability now I say that by way of a little explanation to myself because these are very very bright very capable people and so how did it turn out that the Charter proposal resulted in 13 findings 13 initial findings from your committee any one of which would theoretically be enough for the superintendent to record recommend denial and by the bear by the way I'll just go one step farther and say our 13 findings are not represented to be exhaustive when it became clear that the Charter proposal was not viable we didn't go along and try to catalog everything that would need have needed to be changed to make it viable but rather just put together this representative report to you now as our della mention in accordance with the Charter Schools Act any set of findings have to be based upon the criteria for denial set out in the Charter Schools Act of which there are five and in our initial findings to you first we mentioned criteria for denial number one that the proposal describes an unsound educational program well our committee said no that we can't say that it is basically a sound educational program however our committee did say please note down below under criteria for denial number five you'll find some comments that do have to do with of the instructional program criteria for denial number two is that the applicants are demonstrably unlikely to successfully implement the program described and the committee said no that's not true these are very capable people we can't make a generalization like that but again do see down below in criteria number five some points that pertain to how the likelihood of successful in implementing the program criteria for denial number three is that the proposal didn't include enough signatures and in fact it does so that's that's a moot point criteria for denial number four is that other proposal didn't include the necessary affirmations regarding non-discriminatory operations and again it does include the necessary affirmations so all 13 of the findings come down to criteria for denial number five that criteria for denial and the law says that the proposal did not include reasonably comprehensive descriptions of the following and then if you had a copy of the charter schools act in front of you you would see after that colon there's a list of what we call the required elements there's 16 of them in number a through P all 13 of our findings then have to do with the fact that we believe that that in these 13 instances the narrative did not include a reasonably comprehensive description and that's what I'd like to quickly go over now required element a has to do with the educational program and our first the first of our initial findings has to do with the fact that the ncl c program excuse me the NLCS see a proposal this assumes that that they should be able to based upon wording in the a CLC operating agreement assuming that the same agreement would be made queer by n CLC students would be able to take classes on the comprehensive high school campus that's an example of a mistake of trying to build one charter upon another it's highly speculative whether in fact that's going to be that would be true if for no other reason and the geographical issues whereas a CLC is in fact on the anson on campus the second bar findings has to do with the facility issue now the Charter Schools Act assumes that a charter proposal will talk about the suitability of the prospective facility in this case of the NLCS see charter proposal does not it simply says they'd like to be on an elementary school campus at least there needed to be some discussion about well how would that work are the classrooms are the fixtures are the P the PE equipment how does that fit for a k-12 program maybe it fits great and maybe it doesn't but it's an example of something that needed to be included to constitute a reasonably comprehensive description the third of our findings has to do with the fact that reference is made to the successful a CLC program but whereas this program and the new charter would include k5 there's virtually no detail about the k5 program which in fact would be required by law the fourth of our findings has to do with staff now there are clearly some stellar educational experts who teach in your elementary district who are part of this to be a part of this program and the Charter proposal assumed at least as initially presented that leaves would be granted to these folks well it became clear at the public hearing that's not to be the case so we're left with the question would will these folks upon whose expertise the program will be so dependent will they be ruling to resign from a tenured position to become an at-will employee in the new charter school maybe they will maybe they won't but without that information it is not a reasonably comprehensive description the next of the initial findings has to do with special ed the model charter schools application requires that a charter school applicant in their narrative describes their understanding of their responsibilities in the arena of special ed even if they take the default position of being a school within the district for purposes of special ed the state board of ed says at least you need to talk about your legal understanding of what your responsibilities are in terms of identification timelines processes etc which in fact was not included in the Charter proposal there is a section in the NC LC charter regarding English language learners which says that they'll receive placement and ongoing assessment through the school district of and sense of in the subsequent communication from the charter school applicants they've acknowledged that was just an editing error that they realized that that in fact would not be the case and the final instance of our initial findings having to do with the instructional program has to do with the discussion about closing the achievement gap among various racial and ethnic groups within the community there was discussion at the public hearing about whether a CLC in fact had been successful in that endeavor and to the extent that the new charter is totally based on the a CLC model there is at least a reasonable question to be asked about how would the new charter go about closing the achievement gap among racial and ethnic minority students moving on to required element D which is the governance structure of the school there are three points here raised in our initial findings the first is the State Board of Education says you should include in your charter some information about how you're going to train board members how you will keep them moving forward as as as an if as an effective governance structure in your charter school which is not included in the Charter also the model charter schools application requires that there be information about systems and processes by which a school will keep track of financial data and compile information that is entirely lacking from of the new charter proposal instead they say we are going to employ ed Jack and we're going to use teksystems now I have all the respect in the world for EdTech I've worked with them with EdTech and a number of charters but it's not sufficient to say that in a charter legally you have a fiscal oversight responsibility you need to know who's going to have charge of cash how r power spending decisions going to be made how's petty cash going to be handled what is the bidding threshold how our records going to be kept none of which was included and finally one other in that same category the model charter schools application requires that the budget include notes which clearly describe assumptions and revenue estimates if you ask me whether the ncl see budget of balances I would have to say to you I don't know and the reason I don't know is because there was no page of assumptions now I don't mean to make an invidious comparison but you're aware that the district has received a new charter proposal I believe you you have scheduled a public hearing for that two weeks from tonight well if you look at that new charter proposal you'll see the financial section starts with a whole page just on assumptions those assumptions tell us how much they're going to pay teachers what the benefits are going to cost how much they're going to spend on supplies and equipment with that which accident which will fills the same function that a legend at a map fulfills a smart person like lose who can understand Gatsby 45 can look at those assumptions and say yeah that budget is viable or know that budget is not viable at this moment we neither one of us could tell you the answer to that question in terms of required element G racial or ethnic balance there was discussion at the public hearing about the demo student demographics at ACL see it raised a question about how student demographics should be viewed for the proposed new charter school and also we noted that in the Charter narrative n CLC would not allow promotion of K five students who don't meet promotion requirements to move on to the secondary school we simply raised a question about what that would mean in terms of racial and ethnic balance and then finally in terms of required element I the financial audit the law requires as a part of your fiscal oversight that any deficiencies in the in the audit be rectified to your satisfaction and in the Charter proposal how you would not even you would not be able to how to exercise that responsibility and again in the subsequent communication from NC LC they have said that was a mistake that they would actually welcome the the financial oversight regarding errors and emissions and the audit so those are the 13 initial findings presented by the charter school evaluation admitted supernet a daily also communicated to me the subsequent letter from the charter school applicant where I know they'll go into it in greater detail but but a quick summary would be to say look we think we covered a number of the areas which the evaluation committee said we didn't to the degree that we didn't cover them here's some supplementary information which perhaps could be included as a as a and another as an addendum they also take issue with some of the discussion regarding racial and ethnic balance issues that came up at the public hearing and then finally the point that our della mentioned about the possibility of a mutual agreement to delay the vote on the Charter proposal during which time the Charter applicants would meet with staff members to work out any issues that were necessary to make the Charter proposal viable I mentioned to the superintendent that wall boards of education can do whatever they want to that would be rarer 0423 reasons the first is the notion is that it is the responsibility of the Charter School applicant to put together a viable charter proposal not of the responsibility of staff to meet with them and to help make that happen because see that sets up a really difficult situation for a Board of Education if in fact your superintendent or your super and Dennis designee is sit down and work out changes in the Charter and then it comes back in 30 days to you it puts you in a very awkward situation regarding the decision to approve or deny and it also puts the Charter School applicant in a difficult position because if in fact you still deny the charter school applicants as wait we did exactly what your employees told us to do so it is not something that school districts up normally do rather what normally happens is if a charter school proposal is denied there is an automatic appeal right to the County Board of Education which may come to a completely different conclusion about a charter proposal and if it's not if it's not approved on appeal at the county level it there is an automatic right to go to the State Board of Education so that's normally what happens rather than of the 30-day extension and so forth so that concludes what I was going to say are there any questions or comments before or I take my seat as a part of process will take clarifying questions then we will take community input and then we'll have questions among board members so at this time clarifying questions David Chuck could you confirm as I recall from the workshop that you conducted a couple of months ago the Charter petition that were this board to deny the Charter petition that would could be appealed to the county to what extent is the original document the document that has to go before the county as opposed to incorporating some deficiencies or remedies to deficient yeah thank you for mentioning ash I should have woven that in the the county will require that the Charter proposal that they take under appeal be the exact document except where a change has to be made to reflect the possibility of a new authorizer for example special ed will clearly the the the Charter which would be appealed to the county couldn't say alameda unified will do the special ed because that would no longer be a possibility but except for those those one two or three instances where there has to be a change there can't be any changes and the same by the way is true when it goes to the state though I have seen the State Board of Education since they're the the top of the food chain sometimes they'll mix up some of their own rules about negotiating some changes but theoretically it's supposed to be the same document that was denied at a lower level in terms of what is if we if it is denied is there a form that we fill out or do we is it just similar to what what you have here that's sent on uh-huh yeah good good question Janet the Charter Schools Act says charter school act is written in the positive it says you will approve a charter unless you make one or more findings and those findings will be in writing based upon these the criteria for denial that we just went over now in some districts I think they do something that's kind of unfair they make the Charter applicant if they turn down a proposal they make them wait for a couple of weeks for for the document that lets them go appeal at the county level so what we do in those occasions that a charter proposal is going to be turned down we put the initial findings in writing and if it is your decision tonight to deny the Charter then the report that you have in front of you would in fact constitute the findings and and if that is your decision a motion could just be to deny the charter based upon the findings contained in the memo of such-and-such a date or and look that's actually the recommendation that I've made it be adopted that by if you if you so choose and in fairness I want to say this to Janet let's say that of these 13 findings maybe two of them you don't agree with so a person could certainly say a based upon light the initial findings and such and such a memo except item number two under required element a or something like that which would allow Kathleen the next day to produce a document where the findings that are not included in your motion would be excised to David's question I've just to clarify with regard to you mentioned that there may be that the application goes forward the proposal goes forward just as it came to this board it would go forward to the county or go to the state board with it with the exception of a change in the MOU I guess with that like he makes it special education and it seemed to me that maybe you were talking that that that were you saying that this board if it went to the county that our board would not be the authorizing agent that's correct yeah and so let's go back the MOU now really doesn't have any no mo you has anything to do at this point right now all we have is a charter proposal which they have brought to you saying we would like for you to be the authorizing agency if in fact a local board turns it down they say no we will not be the authorizing agency then they would take that exact same document except where it had to be changed to reflect the new potential authorizer and they would take that along with the findings upon which the denial was based and that would be what would come before the county board would that change the relationship if the county board approved it would that change relationship between this board and the charter that was approved well sure I mean there would be no legal relationship if the County Board approves the Charter there is no legal relationship between the school district and the Charter that's unapproved on appeal though do recall a different arena is prop 39 facilities prop 39 facility rights do not devolve around the issue of who granted the charter they devolved based on where the kids live so that's the one thing that is unchanged and so my other question is that when could the the Charter reapply either within it that for the same program with a different application or how many reapply these do they have reapplied if this is denied could they come back next month and say we have another charter proposed back to you yes and backed God the law is silent on that issue hypothetically they could come back tomorrow morning with in it with a new proposal after at the district level Mike any okay at this time clearly this is a popular topic we're going to be here if everyone speaks their full three minutes we'll be here till past eleven o'clock so as a courtesy to all speakers try to keep your messages as timely as possible and we'd all appreciate it yes it's public ama it's just public offices anything public comment so again I'll just point out again yellow red lights green is start of the three minute time yellow is you have 30 seconds remain the red will be the three minute time limit so the first speaker will be just Stevens thank you ladies and gentlemen the board you are discussing a charter proposal tonight because some parents teachers and administrators believe that we're not doing enough for their students they see as I do a problem with educational system in California and to some extent the United States unfortunately we do not agree on what the problem is nor how to fix it their solution is to secede from public education and start their own school free from a lot of the bureaucratic and fiscal problems that face non chartered public schools so I want to ask you about another school district little bit south of here 10,000 students ninety-four percent minority eighty-two percent free and reduced lunch thirty percent transient population who is going to champion their charter schools who's going to be in a rush to give them the edge that those students want by their parents who's going to tell those students that they do not deserve the best education we can provide because their skin is too dark because their parents do not drive bmws and Volvo's the teachers in that district walk into their classroom every day making half of what alameda teachers make and yet those teachers don't complain about not having enough resources to meet the Williams requirements nor do they blame the schools nor the students were being born into poverty the ultimate blame ladies and gentlemen the audience and viewers at home lies with us we the moral and social conscience of California have allowed this state's educational system to sink into a segregated morass of bureaucracy and fiscal gerrymandering we have squandered the future of our students in our next generation by doing nothing to correct the educational problems the collective we have created California is the sixth largest economy in the world and yet we have gone from being number one in education to being number 34 at that time the United States has gone from being number one to being number 24 of the world's dirtiest economies we are in the bottom half of the bottom half under the best of circumstances I do not personally support charter schools they do nothing to fix the underlying problems of equity and only serve to exaggerate the problems of funding and accountability if all of us really want quality education then let's fix the system for everyone not just the few i urge you tomorrow as everyone sends emails and text messages to each other regarding this meeting to send copies those text messages to your legislators to congressmen to your Senators to everybody you can find with an email address let us take a page from paddy Chayefsky and Peter Finch let's tell Sacramento that we're mad as hell and we're not going to take it Thank You Barbara Khan I for the record I was involved in a discussion maybe 30 years ago about one high school with two campuses I'm dismayed by this attempt of a small group of teachers to create an unclaimed of inequality in our community this may not be the motivation of the teachers involved but nonetheless it will be the outcome of their effort purporting to be a school that works to create good sis and Paul Benton's the person in charge of creating good citizens has stated that it is not his concern what happens to the rest of the children in alameda this is hardly good citizenship it's hardly worthy of alameda it gives a lie to the application in the state of Louisiana they were almost no public schools with few exceptions all schools are private or charter only the porous media still dhryn attend public schools from this thinly veiled privatization organization of public education I'm part of a group of women called the brown bags women who have been passionate about public education and about Alameda schools for over 40 years we thought successfully to have the school board move from an appointed one to an elected one we were instrumental in having libraries in all schools we volunteered in classrooms libraries and on district committees two of us were elected to the school board some of us are no longer alive but most of us are pushing 80 we became involved because we had children at school and now we have grandchildren we wanted changes and improvements for all children not just their own some of us explore private schools and could have afforded them but we recognize that of women like us passionate about schools and education withdrew from the public schools there would be no progress and all children would be damaged where is the conscience of the supporters of this proposal and with district has survived school board recalls boards are cared less about children and their education the Nevada Paula agenda but this is probably the most destructive assault on our children that we have faced it's the responsibility of this board to see that all children and Alameda are properly served to allow a group to experiment with some of our children is an abrogation of that responsibility this should be denied as an experiment that is irresponsible self-serving and without merit thank you thank you Andy cured hello so I'm not against charters in principle but i'm not in favor of this charter you know with the level of detail that's in the current proposal i'm not at all confident that it's going to meet the educational goals that have been laid out for grades K through 5 also not confident it's going to give the improved results you know for historically underperforming groups that the Charter application claims is going to target I think the thing that stands out the most is a lot of the applications predicated on the current program and the current performance of a CLC which let's face it achieves fantastic API scores but you know the realist in me says you know that's as much to do with a high caliber of students go to at ACL see as much as it is to do with the program that ACL sentiments I think a CLC services are niche in alameda and i think the current child replication is aligned along the same lines so anyway i'm not as eloquent as the gentleman who just spoke to the district i think the district's recommendation gives you plenty sufficient grounds to denied application within the criteria of the law but obviously i can direct my comments a little outside of that i owed you aside from denying application I want to echo what we heard for the first time tonight from the secondary task force and that is as a board and as a district look for every opportunity to implement magnet programs and charters that are going to offers that the diversity of choice for all alameda students without the negative impacts that the currently proposed charter would give you no choice is a great thing especially in public education but no one it impacts a huge number of students simply to deliver benefits to a very select few thank you Ian merrifield good evening my name is Ian merrifield and I am Encinal high school's student body president I'm here tonight for two reasons first of all I feel it's my responsibility to speak out against a charter that will adversely affect not only and snell students but students throughout the district while I admire and commend the desire to provide needs of alternate alternative education it should not come at the expense of the rest of the district students well I understand that you cannot legally deny this charter because of economic feasibility I'm hoping that these arguments will per se will persuade you to find other means of denying it secondly I am here because bill saunemin and Snell's beloved former principal asked that a student read a letter that he wrote regarding the proposed charter he couldn't be here tonight because he's in San Diego visiting his daughter and his new baby grandson board members as the former principal events until high school for six years I experienced firsthand the relationship between EHS and a CLC it was strained at best I always welcomed the ACL see students as they took classes mostly AP and world languages played on athletic teams and participated in a myriad of EHS school activities however the a CLC adult leadership fully took advantage of all EHS offered picking and choosing to meet their needs they used a threat of proposition 39 and litigation to get what they wanted I struggled with a CLC never stating publicly my displeasure with the charter school the alameda community does not need a new charter that fully embraces the tenets of proposition 39 that states that a charter is exempt from most state laws and regulations a new charter would negatively impact the a USD neighborhood school policy our district is losing enrollment we do not need to lose more we should be working to market and showcase our existing schools to the public under a model of continual improvement and innovation not supporting a new charter therefore as the parent of three public school graduates and Alameda resident and a former a USD administrator I heartily oppose the approval of the proposed k12 charter and I encourage your no vote bill song members of the board I encourage you as you make your vote tonight to very seriously consider the effects that this charter will have on the rest on the rest of our district students the board's mission to put students first implies a utilitarian objective ensuring the greatest good for the greatest number of alameda students regardless of how fantastic this proposed charter could be and I believe it's been established that this is at best a gamble the negative impacts that this charter would have on the greater alameda student population greatly outweigh the benefits for the much smaller number of students at ncl see tonight you will hear many a CLC students and staff members singing the praises of this proposed charter however there will be another group of encinal students speaking tonight hopefully helping you to put a face with the students will be adversely affected by the starter I urge you to vote no next speaker slip says encinal students I'm not sure whether we're allowing 9 minutes 43 people or three minutes okay okay three minutes thank you good evening my name is Becky Sotelo and I am the proud student body vice president of Encinal high school you may or may not remember me but I stood in this very spot last year speaking out against the proposed budget cuts well I'm back and although the situation is now different internal high school and the other schools in the district fear a repeat of what happened last year this new charter school will only create more problems for a USD this school will take students from a USD schools and therefore enrollment will drop this drop will cause a decrease in money all throughout the district thus cuts have to be made we know there is a huge budget crisis in California and this new charter school will only make matters worse while the idea of this charter school is fantastic in theory it is essential to keep in mind who will be hurt in order to make this a reality we will be hurt at Encinal high school the same programs will be put on the chopping block as last year and a new charter school will not be worth these losses for example last year on the chopping block was both Alameda high and Anton Ojai's college and career center the college and career center is an extremely valuable student resource providing intimate personal counseling for life beyond high school for students who otherwise would have no means of receiving that help this charter would make it even harder for the district to financially support such an amazingly important resource by creating the new charter school in CLC funding will essentially be cut from the two high schools ap programs if approved the quality of the AP courses and the opportunity to challenge oneself in addition to the preparation for college will suffer as we student-athlete I take part in many sports in school then are funded by the district youth that may not be best in math or history can learn teamwork discipline and make friends otherwise that they went out of mate if the new a CLC Charter is approved cups like the one proposed last year the high school sports teams would be greatly affected with the cuts made to programs and terminations of teams all together these are the voices of students that would be directly affected by this new charter school and there are thousands that are not here tonight but would be affected in exactly the same way so is it really worth it helping 300 kids in hurting thousands not to mention that we don't even have Eddie every any evidence that this school will actually succeed as planned it is not worth it it is not worth the money they will take from the district it is not worth the teachers that will be lost it is not worth of programs that will be cut it is not worth the suffering of our schools vote no thank you Barbara Mooney Barbara Mooney I am once again here asking you to deny the Charter for the ncl see and for the extension with all of the information that has become clear through this process there's no denying there's they are a selective private school we do not have a voucher system in the state and you cannot fund a private institution more importantly they are not an educational model to be copied a very wise person put on internet they have not built a better educational mousetrap they have nothing in their application lanes groundwork for any more of the same with the exception of the fact that they couldn't constantly take credit for what encinal teachers actually do maybe they should open up a school focusing on magic for all they seem to understand is smoke and mirrors Ashley Jones good evening fifty years ago I started teaching here in alameda and I believe in public education and this is not public education these people are the same people that tried to get vouchers through and didn't make it and now they're just taking another Avenue I think it's exciting the ideas of trying these new programs and you're going to need all your facilities to house these news programs I hope they come into being because the public as it now exists the junior high school is a total failure and needs to be completely revamped because my grandson does not feel safe in one of the in any well the one he went to and I'm now homeschooling him and my granddaughter next year is going to sixth grade and if she doesn't do what if she doesn't feel safe then I'm in a homeschool her because I have the capability of doing that but I don't want to I want them to be in public schools here in alameda and I'd like to see these new programs so that we can get our kids back in where they belong and I I'm glad that they didn't do a good application and I hope that they never come back novia con silvia con my name is Sylvia Khan and I've been an educator in the Alameda unified school district since 1990 i'm also the product of West End Alameda schools having attended Payton chipman and graduated from Encinal high school during my career with the district I have designed to programs most recently Bravo I was also instrumental in the dissolution of the small learning communities at Chipman including Bravo why because we were not closing the achievement gap although our Caucasian students from educated homes were thriving other students were not I signed on to teach all children and in good conscience could not participate and something called public education at the expense of anyone's child as the title one coordinator for both wood and chipman and the district sim reform coordinator I am proud of the work being done by my colleagues as a parent of a student at a West End school my child is receiving an excellent education as he will when I proudly enroll him at Chipman middle school in two years I'm here to say that as a chipman alum neighborhood resident and staff member I'm offended that a CLC has the audacity to claim that in any way they currently serve a representative body of chipman students and that they are now eager after 15 years to serve more it takes nerve to make the bold and baseless claims that the proponents of a CLC and the new charter have made nerve and the inability to admit one is racist and classist please as a parent educator and resident of the West End we do not need a school where 15-year red track record as of serving those who are already advantaged vote no to deny this charter and a 30-day extension to go back to the drawing board Thank You Vicki Smith Vicki Smith good evening I'm Vicki Smith I'm lifetime West End residents and I've been a community activist for over 35 years I'm work at Longfellow I serve families in transition and last year I served and gave services to 271 families and this is the first time in two years that I've had a home a place I've been bouncing and bouncing from sites to sites the numbers I serve is bigger than Alameda Community Learning Center we have a store where families shop for free and they love it a lot of district employees come and they bring clothes etc and the store is working wonderful it's a caring community after school programs has their office there at Longfellow they have a staff of 52 they run after school programs 47 schools and they have 1200 students that they serve five days a week until six o'clock in the evening Alameda family literacy has over 100 families men and women who work and walk there every day learn English get their GEDs go to parenting classes to learn life skills there are two childcare rooms I'm kind of nervous people that live in the community they walk there I walk there with them they come rain or shine pushing strollers Head Start is a preschool and it has been serving the community to in the families Alameda multicultural community center is there and it does three vital art programs at three school sites the superintendent has made several meetings to include teachers community members and parents and get their input I have not seen a CLC come for a site visit to meet people see what programs are up and running well or even asked for our input all these services are essential and vital to alameda students and the community if a CAC wants another charter school at the elementary school how would it work if people are already there doing programs for students family and the community I just want to say i worked with renewed hope on the massive Ixion's of harbor island um and that was very hard because people were pushed out and now it's upscale and they have not taken section 8 vouchers who's going to be pushed out for this charter school people that are already existing there and have lived in the community for years I watched people leave their homes that had been there for 30 years so we really need to think about who this also affects these families live in the community they are part of the community they come there for a reason and who's gonna who's going to be pushed out if they want to be at an elementary school and how can you use space that's already being used people exist there we live there that's our community thank you papi good good evening thank you for having us my name is ma fille gay and I will be the lead facilitator of the near Community Learning Center as a sin as the leader of Nia we have a unique opportunity to attract a diverse student opera population I am and will continue to work as hard as I can to attract and ethnically and economically diverse population I have 20 years experience working within directing programs for the disadvantaged I bring this expertise to Nia I have 23 years experience creating exciting award-winning and innovative education experiences I bring this expertise to Nia I have six years instructing teacher credential candidates and learner centered facilitator methodologies I bring this expertise to Nia and finally I have a lifetime of experiences as an african-american learner I bring this experience to Nia in the spirit of awesome educational opportunities for all learners I pledge my unwavering support of the NIA Community Learning Center thank you Adrian Lewis are you going wow there's been a lot of people up here talking about all the disadvantages of Nia and I wanted to talk about the hope omnia I want to talk about the choices every student should have a right and every parent should have a right to decide where his student goes we get paid we pay taxes and we should have the right to decide where our tax money goes and if the stoop if the arm if the education system is not working and when you take our money and put it somewhere where it does work and that's all i have to say like your Harris hello everyone I to I've heard a lot of negative things about Alameda Community Learning Center and I don't see any of those things I see the kids there bright and excited and they love being there my kid has been there he went through a lottery system we get in he didn't get placed in or the N hit any special treatment he went through a lot of a fair system to get in his excitement for school his love for school has just increased and you know his sister his younger sister she can't wait to go to a school like this and I don't understand how a failing system and in the public school system and I'm not just talking about the East End schools of alameda I'm talking about a lot of the schools that don't receive the same type of funding as the East End schools a lot of the alums and a lot of the charitable contributions I went last year I went to Lincoln and I SAT there as they were doing their presentation and orientation and just the money they were raising above some of the West End schools and we talked about what's fair not fair if you're not in that district or in that location you can't go to that school but here we have a CLC with a lot of highly educated facilitators and teachers will actually pouring themselves in the school and love it I've seen public schools where teachers can't wait to go home there's nothing giving back to those 35 kids they got in a class it's just they're tired you and that's not the case for all the teachers but here I see you know 12 students per class and the teachers actually giving their hearts I see teachers receiving awards for some of the best educators in the state of California and we're talking about this is or at least the comments I've heard here tonight as a bad situation I think that's crazy I think you guys need to really sit down and relook at what Nia could provide and I like some of the things that age of just said about the hope and I think that's what it's all about I think anytime you dealing with education you're dealing with hope and because that hope is the future of the young kids is coming up today I appreciate the the zeal of some of the kids over at this insignia and I understand how they feel but that money that's sitting there doesn't necessarily belong to Jess the the current system it belongs to folks who want to make that choice of placing their children in an alternative system and I think that needs to be looked at thank you guys for your time thank you Judy blank Judy blank good evening president and board members I am I'm taken aback by the energy that we saw at the beginning of the open statements the Alameda Community Learning Center was established originally with with the vision of the school district the reason that when charter is because the district wasn't going to have the money to be able to support the technological aspect of it and the only hope of it continuing as an alternative a learning situation is for it to go charter unfortunately we've lost a lot of our different the wood academy and raava and various other programs which served the needs of students young white and I go to a CLC and I go to a CLC because my child is having difficulty in the the traditional public school setting he's a much happier kid now because he has some freedoms that he didn't have before and that he is always needed in preschool he was having trouble because he needed that freedom I the people who are involved in the community learning center and who will be involved in are nothing but the best and I think they'll provide I think when a CLC started no one knew what was going to be like no one knew where it was going to go and and it developed into a program that has created with a niche for Pete for kids who need it I appeal to you to please approve this charter it is a need in our community thank you thank you Martin Martin carosi excuse me if I ruin your names as I speak them out Martin korasi thank you for inviting me um I look at all of you as representatives of our public school system but not necessarily the administration led by our superintendent you are serving all of the community in Alameda and this is critical I want you to be representing my view I want you to be considering the needs of moving the educational system in any way shape or form however it has to happen because it has to change and change is always hard but it takes vision it takes leadership it takes being strong to provide that vision that needs to go forward you are being asked to accept a charter proposal from them from a true and tried system that the issues that have been brought in front of you tonight our petty at the very most they are small they are issues that can easily be fixed by correction by the smallest efforts to deny a charter on those on those grounds is heresy it's absolutely would be a bad reflection on your vision and your leadership and I strongly recommend that you reconsider any kind of denial for this charter I've heard a lot tonight people have used this as an opportunity to come up and talk to you about their pet issues such as vouchers for schools we're not talking about that that's not our talk of it that's not our discussion tonight but they're using it for that opportunity they're talking to you how much they don't approve of private school education and disproportionate allocations to different groups this is a public school and I see it only working in alameda well if you as a board in alameda says yes to it any other authority granting this charter will not have the same effect on our children as it will if you as a community member says yes we want this I don't think that it makes sense for alameda county to be granting your and my kids this charter you must do this this is your time and your ability and your moment to say i am looking at you administration of a USD to work with these people to blend them into the schools so that they can get advantages that occur also in the other schools in this community whether that's a college whether that's a letak program we want to be able to walk through those barriers don't create them by denying this charter today thank you thank you Greg Holland reg Conlon thank you for uh thank you very much I I think I've know all of you at one time or another but just to reduce myself I'm Greg Cano and I was a partner with Arthur Andersen started division process back in the early 90s for alameda unified school district and we worked with the district for several years and trying to incorporate that into the school district and we help them start the learning center by investing a million and a half dollars and spending a lot of time and effort in starting this new concept Arthur Andersen has spent three years researching the the information that we tried to get implemented in this school and here 15 years later it's been very successful my understanding is it's on the top five or one percent of the state so you've got a very successful model here that they're trying to incorporate in other students in the district and not only in this island but it my objective is to get corporate America in the Bay Area to replicate this vision in other communities in the Bay Area and I will continue to work to do that whether you approve this or whether you don't but I would encourage you to prove it improve approve it because you're really it's talking about change people are resistant to change you have to sacrifice for the better good i mean i was in washington DC this morning i was at mount vernon on saturday and you know i was at the Arlington Cemetery sunday and saw 300,000 people that are buried there who sacrifice for the better good so it's going to be a burden on you to approve this you are going to be criticizing some of the students and encinal and alameda are going to probably lose something but you are you sacrificing for the better good I mean think about what you're what you're doing if you turn this down I mean your own people agreed that that it was going to be a successful model and there was a sound education program and it was going to meet to discriminate discrimination objectives of not discriminating so the three basic things that any school system should have you agree with and I do agree that the things that that they're raising as objections or can be worked out I mean I'm a lawyer you know you have they have due process if you raise criticism if you've got to give them an opportunity to respond I mean you got to let them fix whatever it is that you think's broken and come back if necessary if you think they're serious without just turning it down without me you can't make deficiencies without giving them an opportunity to respond will you do it because otherwise you're going to just go through this process over and over it's going to waste your time and there's sit down as reasonable people make it a win-win situation make sure that you get your input and their input but don't stop something that's successful I mean change is always hard for all of us to accept and we each have to suffer a little bit to take the changes and that are better than for us so I just appreciate being here tonight and I've been following this and working with it for the last 15 years and God willing I'll be here for another 15 years so you're not going to get rid of me but I I do hope that you that you approve this project tonight I that there's anything i can do personally i'm going to be here to help thank you very much great Thank You Cynthia young Cynthia young she left ok Carlton grizzle mm-hmm my name is Carlton grizzle I'm here to speak to the board and to Alameda parents present at the meeting and who might be watching us tonight I'm here to speak about empowering parents the governing structure de CLC is based on a parent learner facilitator alliance that depends heavily upon parents guardians at every level of governance from membership on committees to voting power on our governing board a CLC families are involved in every aspect of school governance including finances curriculum extracurricular activities and more parents have tremendous voice in our school this parent learner facilitator based governance structure has served a CLC successfully for over 12 years and has resulted in the award-winning school we are the new charter school Nia Community Learning Center will have this same type of governance structure based on a significant parental contribution due to our desire and ability to empower parents parents the state of California is trying to empower you to do not mistake despite the claims otherwise our critics number one concern is financial impact on a USD they are speaking as if we are robbing the district of something they own those critics are acting as if a USD is in is entitled to the state provided educational money of every child in Alameda those who don't want the school to be chartered don't want my daughters to go there they don't even know their names to them my daughters are simply 5777 dollars apiece here's the fact that alameda family should know the money does not belong to a USD that money belongs to our children as parents the state of California has recognized our right to have a voice in where that money goes for their public education that's why the charter school laws were passed that's why there is money available to charter school money that increases every year and that's why there are only five legal reasons for a charter petition to be denied and the financial impact on the district is not one of them finally many may not know this but a USD on the Board of Education has set precedent and empowering parents by giving them the choice to send their children to schools where they will be served best last year a the a USC commissioned demographic study in there were nearly 500 students from other districts the majority of which are from Oakland attending Alameda schools a OSD on the board recognized the importance of giving oakland universe of choice regardless of the more than two million dollars per year that Oakland Unified is not receiving despite oaklands financial troubles a USD and the board have recognized the importance of choice of open residents who have chosen not to give their children's educational money to Oakland Unified but if instead brought their money to Alameda they understand that the financial impact of taking 500 students from ousd is irrelevant compared to empowering parents to have choice we are prepared to create another charter where parents will be empowered and we want to create in a district but we have a board of education in favor educational choice for an entirely different city my hope is that the board will be in favor of empowering families to have choice in their own community and by the way that petition you received mr. chef is nearly 300 signatures of parents who believe in power of choice here in Alameda thank you thank you Brian Rodriguez Thank You members of the board and superintendent daily I've been a classroom teacher dense now since the beginning of what was then referred to as the secret school or Arthur Andersen Community Learning Center's now known as a CLC and I've seen it grow and develop I've been recognized on a state national level by various educational institutions universities national magazines as an innovative educator and the college board certified my advanced placement classes in Encinal high school I've collaborated with many of the a CLC facilitators on various projects I respect Paul Ben's who serves as a chief architect of this current application and I consider him to be a dedicated educator I've gained additional insight into a CLC because I teach advanced placement classes at insa now high school and have had the privilege over the last five years having many a CLC students in my classes and can attest the ability and drive of those students as well as the support of their well-to-do parents however I do not believe the a CLC model has much to do with their achievements and I'm against expanding this model originally Arthur Andersen Community Learning Center was a well-funded and innovative program led by experienced and exciting teachers the equipment was first-rate the computers were modern the class sizes were small and the learning seemed to be exciting but that was then today a CLC is a dirty chaotic and crowded environment where many of the students flaunt the rules the army the Unified School District riding skateboards through the hallways walk without passes out of the center whenever they like and make a tremendous amount of noise disturbing the ongoing classes and it's now as a parent I often wondered parents actually see what's going on over there students sprawl on couches tune out the world on headphones play hide and seek in the parking lot with few exceptions the higher level learning as well as the physical and social needs of the students are outsourced by a CLC and what educational advantages are there in this innovative program the ACL see advanced students take AP classes at insa now our school in any of our 12 AP classes or go to Alameda junior college that is exactly the same as students at Alameda high score and snow high school for physical education they go to the old navy base from music they take band acquire a guitar denson al to play sports they play an instant out sports teams for social needs they attend our assemblies and dances the classes taken the center our basic mixed grade levels which leads to mixed results the honors class is giving at the center are not recognized by the UC system and they teach no AP classes as they lack certification by the college board however the clear success of the ACL c program is that they've been able to maintain high standardized test scores by selective admissions and a clear failure to serve alamitos large population and english language learners agents blacks Hispanics or the development and disabled who go to school the rest of the schools now almita the student population does not represent the west end ave alameda or alameda high school the lottery system currently employed by a CLC has not worked to diversify a CLC despite claims of the fact of neutrality as the majority of the students at a CLC are white and privileged i do not think this is the model for for a distinguished school and i urge you to turn down this application thank you jacob powell good evening board members my name is Jacob pal I'm a facilitator at the Alameda Community Learning Center I teach American government economics modern world history US history ancient world history in the sixth grade physical education of the middle school I do the technology and I also teach a technology class I've worked at the middle school level in the high school level for 10 years and I have been at a CLC 44 on top of the classes that I teach I'm also on the program evaluation committee which is made up of learners facilitators and parents I am the union representative and also a union member I'm also a member of the Alameda County teacher leadership cadre and social science and on top of that I'm here tonight to talk to you and what I would like to say to you is that we need change we need to get away from the status quo the speaker who just spoke and many of the people who spoke tonight have never come through my door in the four years that I have been at a CLC they're talking about someplace they've never been they've never looked at the model they've never experienced the model of Education they've never SAT through one of my classes one of my honors classes US history honors and American government honors which are all you see certified so for the people behind me to speak about something about which they do not know i think is valency izip you I support vaniya Community Learning Center and I would appreciate that you supported as well Wow hello I'm pilau and I'm i work at ed tech we provide business services charter schools around california including about 15 in the bay area we worked on the budget with the developers and i just want to take some issue with the pretty blanket statement that there were really no description of what the assumptions were and I and I'm just holding them here I'm holding the budget that was submitted right here and every line item has a description of what the assumption is so I mean I I'm if you just read across in a matrix format you'd see general purpose k through 3 and amount and then the assumption and where the assumption came from so and you just go down that page after page you'll see notes page after page so I'm a little confused as to why exactly there was a comment that there were no notes and this was a PDF so I'm assuming that that is what was actually submitted but in any case I am here to answer any questions if there may be questions about the budget I did leave my information with with loose and I and I know Chuck knows how to get ahold of me so if there were any questions previously we could answer them and i'm also here tonight Thank You Corey Fenton hi I'm Lori feta and I'm the community representative on the board and a volunteer financial officer for a CLC I'm here tonight to talk to you about our planned role in the community and to give you a little bit of financial information we recognize that a CLC was started originally to provide a innovative educational program on the west end we have providing innovative educational program we've had successful test scores and we've served some lesson students but the only way that we can serve more that we can bring our choice to more people in the West End is to be allowed to expand the ethnic mix that we have now has been about the same for the last five years we're close to the district percentages in African American and Pacific Islanders we are over the percentages for Caucasians and we're under for Asians and Hispanics like other Alameda public schools would give sibling preference and so only about ten percent of our learners can be new each year with the required random lottery it's hard for us to move the mix with just the school we have now but with an expanded opportunity in the center we can serve more West End learners we look forward to working with the district to do rigorous analysis of the impact of our educational model I don't think that was three minutes so please continue do we have high test scores and a smaller achievement gap because of the people we attract or because of our longer school day or the commitment of our facilitators do we have significantly lower discipline problems because we have a learner ledge additional system because our parents volunteer at the school or because kids that have a tendency to fight don't want to all in our program will gladly work with your staff to design scientific studies to help assess these questions but the people that assume with no evidence that our model will not help academically challenged West End kids who assume that those kids need to have it tightly scheduled back to basics curriculum to succeed are also displaying their own type of prejudice we don't claim to be the right school for every kid but we believe that more of them deserve the opportunity to try our model on the financial situations Peter said we're happy to review the assumptions with you will provide information including the confidential salary assumptions to your staff and we welcome your oversight on any audit exceptions that may be raised we'll do whatever it takes to bring successful educational choices to the west end of all in all of alameda kids my kids graduated six years ago I have no personal interest in this our school would be fine the way it is without growth but our educators our community are committed to expanding the PIAA number of people that we can serve and that's why we asked you to approve this charter thank James venable I want to respond to the criticism that we did not provide a comprehensive description of our k5 program I worked on the cake I part of the Charter our vision for the Charter application and the appendix in is the same as the vision of public education to teach all children basic academic skills we plan to achieve this by implementing a balanced curriculum broadening literacy instruction and fine-tuning assessment by providing a balanced curriculum we are not only concerned with what we teach but how we teach it powerful teaching is responsive teaching that is based on the learning styles and the cultural backgrounds of the learners as defined by gay sooo bad Geneva gay and G lanston billings the nia charter school will use research based instruction that draws from many areas including linguistics cognitive psychology socio psycholinguistics and from ongoing classroom practices developed at schools of education such as Columbia University's teacher college with Lucy Calkins stephen krashen from the University of Southern California Shelly har Wayne at the New York City school system among others all members of the National Council of teachers of English our approach embraces a progressive ideology that recognizes that language is best learn in a meaningful and purposeful context when students are engaged in authentic language use three things happen they learn language reduce language to learn and they learn about language therefore they will learn to read but also learn read to learn we plan to broaden literacy instruction to include not only conventional reading and writing but digital visual and critical literacy we believe for a child to be successful in the 21st century she must know how to use these literacy skills we will fine-tune assessment yes we will use traditional measurement tools for accountability but we will also use data that comes from an offer observational context evaluating learners individual processes and the products in addition learners will participate in the assessment process of their own learning finally air vision includes hiring staff members that understand and choose to participate in this vision of educational change thank you we've in the question Linda McCluskey appreciate this chance to speak to you again I worked on the k5 part of the program in the proposal and will speak to you about some clarifications but I want to tell you that as a teacher when I was here I felt empowered by this school district to make change I felt him empowered to look at myself and the way I was raised and recognize where I was raised with racist thoughts and where those got into the play into my way when I was teaching I felt empowered to integrate my special day class with a regular class I felt empowered to make changes at an amazing program at paid and some which is still surviving not too much but a program that was much like what we want to do for the k5 etnia Hayden if you can picture that has a central Learning Center and many classrooms around it that's really the effort behind what the k5 would look like we realize the k5 student does not in any way shape or form is not an englisha perform ready to take on the responsibility that the 612 students for instance at a CLC take on the younger students need a dedicated facilitator and a dedicated space to work in they will need also chances to be in multi-age groupings but that will be as needed they need hands-on direct involvement in their mathematics and science curriculum they don't need reading books there was a huge movement in this district when I was here that was very exciting to help those of us who are elementary school teachers not teach the same dinosaur unit every year think about the disservice there in the inner and an age when kids need to know science k five students need to mess around with it and they need to do the same thing with mathematics so that they understand what's going on behind multiplication not just the facts they need to know both they want to mess around so they understand the principles about the water cycle they need to get their hands in there so it's a small is a different model of the older aac-lc but it's still the same in the responsibilities that the young people will take there will be years on what's called the reading and writing workshop which was developed in columbia it's been around for 30 years there are other districts in this area that use up and in fact it was the basis for the underpinning for the reading program at washington school when they when they received a distinguished school award in 2006 that program encourages with the support of facilitators young learners to make choice in their reading and in their riding with the direction of others the program will go on and look like that and we expected to be able to sit down with you guys and iron that out if it was necessary we'll be back thank you like a motion to extend the meeting move the we extend beyond 10 30 second second all those in favor please say aye hi unanimous okay we keep going ball bends thank you thank you for reading our Charter and considering our charter when I originally thought about what I was going to speak about tonight I thought I would talk about the 13 points but I'm not sure there's any point in talking about the 13 points you have our response to the 13 points and Chuck sorta made it clear that that his opinion was that you guys stopped at 13 points because you were just tired and but if I responded to 13 these 13 points there would just be another 13 points so it's kind of pointless I can tell you that you know the Charter was reviewed by several experts miles Dennison reviewed over 56 graphs of this charter from the charter school development center this is what he does for a living Paul many are attorney reviewed our Charter and neither one of them after look after reviewing our tire and reading the comments here you know believe that our Charter is seriously deficient so it's not seriously deficient there are some minor flaws in it if you want to use those minor flaws and and and reject the Carter your the Charter you're perfectly capable of doing that you can do that so I'd rather just spend my last minute and half or whatever you know 12 years ago I think was mr. McMahon and miss Daley here hired me to be part of the school of Future program in alameda and it was a great honor and I poured my entire life into it and I think we've done exactly what you asked us to do and as the Admissions Director the hdlc it really saddens me every day when I get phone calls from people that want to come to our school and I have to tell them basically you know you can get in line and that's just gone up and up every year it's going up from 100 to 120 to last year when we had our lottery there 175 people left and for me that was really the impetus for you know saying that we really have to do something we've approached the school district several times about some minor expansions of of a 612 of 6-12 program to grow it over time and work together on this and none of those things worked so for me personally there was is a tipping point where it was like I can't I can't keep doing this I can't keep telling people that you can't have this you know everybody else can have it you're just not one of the lucky ones I'm sorry so I'd like you to you know seriously consider that because you're not saying no to me tonight you know I still got a job I'll still dream up with the next scheme I'll still fight for this battle every day until I retire but what you're doing is you're telling saying no to the 170 people who have already committed themselves and want to be part of this vision it's really about you know them I mean if they want to do it they should be that there they this is an opportunity for them and I'd like to you to think about that thank you very much you know you well you may you well good evening I am parent of a student who attends a CLC she has been going there since she was in the sixth grade I liked the school my daughter loves the school she stays often after school longer working on her schoolwork I enjoy that I can't approach the teachers at any time and they can communicate with me and I can check in with her and see what she's doing at any time there's not a problem for me to drop by the school to make sure everything is going okay with Asia and I am looking forward to the NIA school I have another daughter and I think that school would work just as well for her and I'm in support of that school and I hope that you will support it as well thank you very much Ron Mooney good evening again mr. president and board members logically tonight of course you're focusing on the Charter application and your staff report i would say that there's been a lot of heartfelt things said tonight that certainly will weigh on you as well but i hope you remember the first public speakers words said them fairly eloquently and also someone who i lovingly call mother khan i would agree with her comments too so i would ask you to take a look at the staff report from so far what I've heard tonight it sounds like you have the findings there and I would ask you to uphold your staffs findings thank you thank you fish Spencer good evening I have two kids to go to Lincoln Middle School I have one daughter that graduated from alameda high and I have another daughter who did attend a CLC for a short time years ago back when Linda was there and why did that daughter go there she went there for many reasons she was bullied at Lincoln she didn't do well academically she had issues that was the first time where we felt that she had found a home and I was very fortunate that year to be able to attend a graduation from a CLC and I saw many students stand up it was I think was it up at the Elks Club and speak about where they had been kind of lost not really reaching their potential wherever that was on that academic spectrum and they went there and they found a home and they found a home with someone named mathy and I remember my daughter coming home and telling me you know we call her MA and I was actually kind of offended because wait a minute I thought I was mom well but you know I actually I try to be open minded and ok let's see how this goes she found a home along with those other students and they were students of color and I think it's fascinating this evening that we had two african-american men join us and I want to applaud them because I am pta council president I go to PTA meetings across this city from years I've been doing this and I got to tell you I think this is the first time I have seen two african-american men come to a public meeting like this that's right that's right let's give them credit I say that's extremely important when I see ma fille wanting to leave the school again I say you know what that's nice let's see what she can do let's give her the power let's give these men the power where they are enthusiastic I can go to chipman in fact I was at the meeting the other sunday night at Chipman it was actually at internal cafeteria but on behalf of parents that are going to be going into chipman pause ibly I'm thinking how many african-americans were there hmm you know what I don't think there were any and I do I don't have to do this I'm not speaking here on behalf of my children first of all my children are not african-american my children do go to Lincoln they go to Alameda hi we do have options and in fact when one year when my mother child o mine was having issues we sent her to Grandma's house and caramel she was able to go there for a year my children are privileged I volunteer because i want to share and help these other students that don't have the opportunities that my children have so i have to support a CLC and i have to support it for another reason because these families i'm sorry i'm going to say one more thing these families cannot pay the eighteen thousand five hundred dollars to have their children go to private school when i sit across from mr. schaaf he can his child can go to Julia Morgan and have opportunities other families don't thank you thank you Rob Sultana good evening I'm Rob Sultana and I'm a parent and teacher and just as a teacher and a citizen I think it's great that we have passionate debate about the nature of our schools and how best we can improve them so whatever happens after tonight I think the community's kind of energy energized around schools and how to improve them so that's a good thing regardless of what else happens and I've spent a lot of time in the dense complex forest of charters and law and everything involved this so I wanted to step back and look at the trees as some of the more recent speakers have done and say something about public funds specifically I I believe that about 75% of Alameda households do not have school-age children and yet they all pay taxes and they all support the public schools because public schools provide a benefit to the entire community just as we pay for fire protection even if we have sprinklers in a stone house or pay for the police if we have an alarm and a shotgun but public schools benefit us all and the idea that when I pay my taxes it's for my kid and her education and my younger son's education it's wrong because i'm only paying twenty five percent roughly of the cost of their education even if I accepted that way of looking at it and I don't so the interests of the community are at stake here not just an individual parents desire for their kids and I understand parents love and care for their children more than anyone else but the public education funds are for the community at large your trusty ship or your roles trustees is to look out for those interests and I submit that this charter doesn't fulfill the interest of the community so i encourage you to deny the application thank you thank you Mike O'Malley Michael O'Malley good evening um I like my choices just like anybody else I've heard a lot about choices whether my choice as a citizen my choice is apparent my choice as a teacher at al-amin hime I made a choice to move to Alameda of all the different communities that are in the Bay Area I made a choice to buy a house in alameda where there would be houses that were comparable for less money either are the state or out of the bay area I made a choice to admit my son to an Alameda school I made a choice to apply and get accepted in a position in alameda Unified School District what value do we have of our families making a choice in my family making a choice please don't invalidate my choice and the 9000 other choices of your students by the few that want to make their own choice for us Thank You Virginia McBride hello I'm ginger McBride and i am a learner at the Alameda community center not only am I learner I'm a community member and I feel like I have a great impact in the way the community is run and I feel like the NIA Community Learning Center would enable that many more students like myself to be able to change their learning environment so that it helps them become the best people they can be and become the best citizens that will eventually be responsible for this country and alameda and California and you know a lot of people have said stuff about affects the effects this is going to have but a lot of the times they've been using the word effects and they've been using it in a negative way I'm here to talk about the positive effects is going to have this is going to allow students like me to have that many more windows into knowledge because you know everyone comes in to the center or even even just you know public schools private schools everyone has their own little interests that they go out and they study until they can't learn any more off the internet and go take classes at colleges and such to learn about these things and then when you enter into a community you have the opportunity to share these talents the opportunity share this knowledge so that others are benefiting from it and I find yes that happens in in the public school system in the private school system but I find and I see that it's happening more in the ACL SI system in the system that we're trying to get for NC LC and I think that it would be wrong for people not to have the option to come here and to be able to learn about the core curriculum and then on top of that someone mentioned that we have um enter grade classes um that happens in any school I'm in the band at n Sinell and I greatly benefit from it and I think that if we had a bigger school then we could have our own band but also that's you have 7th 8th graders 93 or 10th graders lens bears 12th graders and we all add into the band one band One sound this is the Alameda community everyone counts one community one voice that basically represents us when it comes to national level and I think that we all need to work together to get the best for everyone thank you that speaker is a mark irons just want to state his opposition to the Charter Roxanne Clemence i'm a member of choice I believe in choice in fact I participate at bay farm schools a media center teacher and our school used to be a school choice we opened as a year-round school we opened to open enrollment whoever wanted to come could come and if we didn't have enough people we wouldn't survive we filled our school we've been full ever since unfortunately over the years as I watched other schools because I remember the schools of the future i participated in the vision I remember Arthur Andersen the science and technology the wood academy quality schools i participated along enthusiastically with all of those innovative teaching methods and more to come but i'm really upset at what we constantly spin down into in these discussions the negativity the attacks back and forth when we should be up we should be celebrating each school each school of choice which is either charter or a neighborhood school I've been attending the neighborhood school task force public meetings where that's another choice to maintain our neighborhood schools and I believe what we need to do I think the biggest is service and all of this is that every time we speak negatively about one program it's at the detriment of another program that's not there to speak and I think I would rather speak tonight I'm going to leave the criteria and the evaluation of the application to the board I understand that there are requirements you need to address instead I want to speak about some things I think the school district needs to do immediately so that we can all have voices at all of our schools and so that students like the one we just heard who spoke eloquently about his program I'm sure there are students at every school in town who can speak as eloquently and is passionately about their program in the same manner so I think that we need to put in place immediately exit surveys at all the schools these exit surveys would provide information that would help to evaluate the needs of each individual school let them set what their priorities are and when we come up against what i hear lose saying is coming the next sets of budget cuts we won't be in another reactionary attack mode instead we'll let schools speak about what the priority is and try to come up with creative ways to finance their priorities well they may have to discuss about letting go of some of the items at their schools we need financial reports not just we talked about charter impacts but we need to talk about the impacts of all of our specialized programs because I consider each of our schools in town to have specialized programs within their school program that need to be discussed we need to have full disclosure we need to understand beyond the district's base support that's provided for students what does it cost at each of the school to administer those specialized programs including new ones that might come along the line I believe that we need to do online surveys of each of the stakeholder groups I heard a lot of people tossing out what they feel is happening it's from school to school and input I see no data and we're talking about being a data-driven community we need online we need online surveys from student groups parent groups community groups and teacher groups at each of our schools to talk about what's working what's not working what we can let go and what we need to keep and let everything else go but keep this essential piece that needs to be at the school we need to be able to set priorities and I don't think we can talk about that now so the last thing I want to say is just we have an opportunity to still share what's great about all of our Alameda schools in each and every one of them and I hope that we can harness the positive energy that exists in each of our schools and promote that whether it's on the TV channel whether it's with PSAs whether it's with students standing up at the school board talking for three minutes about a program that they're impassioned about I just want the negativity to stop and I want us to celebrate what is good that's happening in alameda for as long as we can and to try to find out what the priorities are in terms of the budget cuts that are coming thank you thank you game kappa good evening uh my name is Jane taba and I'm senior at Alameda high school uh first thing I like to just tell that up it's been like when I first came here it was been four years ago and I'm I came from an immigrant family and like when I enrolled in the public high school like it gave me another home itself because my mom and dad they work all day all night and I'm there in public high and I made friends and I mean I used all the different programs that they have like sports and sports and different activities clubs groups to help myself be out there and be known more in the community and in this school itself and as for the charter school that goes the things that were brought out where like you know it's the big money issue yes money is an issue especially our school district has been going through so many budget cuts that it really does affect our school we didn't have we hardly had we didn't even have enough books this year we shared our media center the book ladies we had to share between Encinal high school and almeda high school and budget cuts are definitely affecting that as for or where it said this the money belonged to the students yes it belongs to the students and just for the select few that the mud the new charter school is being opened for we cannot sacrifice the different thousands of school thousands of students they're going to all the different public schools in available in alameda like antonella Almeida and other students are and as there was a thing for the hope that the new charter school brings why can't we see the same hope in that our public schools why can't we see that same gleam of Hope in our public schools we can go out there almeida API scores also was higher than ever before I believe and we went up why can we see the same hope in all our schools that's present in here we can we can make this a better Alameda unified district a school district but if people look at the negatives on both side like the entire budget and entire think about it like there's no way we can look find a better oh so ends Thank You answer towards it like come on like hope is out there we just need to believe in ourselves and me to look out there we can do many things in this United unified school district that can help us with our public schools but if we if the budgets cut are gone over here and there then it's just going to take some of those programs or maybe some of those activities that empowers the student to go out there and seek himself out or herself out and try to be a good student and a good learner and also a good citizen and a community member and I totally think that when if we bring the charter school in it's going to take money away from us and it's also going to take money away from not just me and not just my students that that are in the high school right now but also to the incoming students maybe they won't even have a sports program when they want to come in because due to all the budget cuts like that's not acceptable high school since being an immigrant and the four years that i have spent in high school so far it has been a great experience for me and hopefully that experience stays there with all the students that they come and that the activities and programs provided are not affected by it and i disagree with the charter school and I think it's just going to take a way of puttin it is available to the high school in here that's all thank you Alex Bernstein alright it's getting late I'll keep this pretty short I'm a parent moved I'll meet about four years ago run a venture incubator small venture capital firms I know a lot about innovation and you know there's a couple things I have observed from I feel like i'm a bit distant looking in this one thing is it seems like an overwhelming proposed proportion of the people who are against this have a financial interest in it they're either employed as a teacher and they seem afraid of budget cuts that are coming if another school gets funded I think a lot of their emotional statements a lot of it comes from the fact that their job could be coming underneath those budget cuts and seems like that's an overwhelming influence in it the second thing is it seems like from the analysis that came out in the very first speaker and a lot of the looking at these things there's these legal criteria that the legislature set up that created this need for charter schools are almost like a pathway to create these charter schools and it kind of looked like that we're looking for technicalities so you could kind of skirt the responsibility or the leadership to which you're elected these roles that you sit right now he's sort of scrutiny responsibility to say well can they amend the document what if they change it and it gets better and it gets approved by the next level up or the next person after that then we're going to be saddled with this thing let's hope that they can't change it because they made a mistake and then oh my god they can apply tomorrow and fix it and I hope they do I think they'll be back tomorrow and the next day and when they do you just get some point the responsible is going to fall on you to make a very hard decision there's hundreds of parents who've lined up and said they want to go to this school whether they represent those exact dollars or not or twenty five percent or 75 per cents largely irrelevant there's a huge need for this they've got a proven team of people are incredibly passionate and you've got an opportunity to lead with innovation rather than trying to continue established and I agree that it's great that these schools have passionate students I'm glad that they're here I wish there were more of them here but it doesn't mean that that continuing the status quo is the right path for innovation so one thing I would just say is let's take a look at what's going to happen in the future they will amend their process they will change the documents they will continue apply they'll probably reapply here and at some point you won't be able to find a legal loophole by which you can deny this charter because it's the right thing because they are confident because they are striving for ethnic diversity and all of the thinly veiled racist comments about how a lottery system and how not letting more students in is just going to propagate the problem even further are all ridiculously thinly veiled fear fear fear holding people instead of moving forward for innovation so I'm asking you to take the chance now to take a leadership role because it'll come back to you in a month or six months or 12 months and at some point the school system is going to evolve because the passion these kids and the passion of the parents and passion of parents like me is not going to go away and we're not going to stop we will demand that our school systems evolve and this is one path we see and we're going to fight for it so thank you please have the courage to lead iron madani do I get the name right dart dart dorming dar me sorry about then sorry um my name is dodge money and you keep saying equality equality equality um we want to give more to those who have less and it's always the minorities it's always the Hispanics the african-americans the underprivileged we keep saying things like this and we keep saying racism is bad that you know these people are equal to us in terms of their race and their status and everything and then we say these people are not able to learn as well so they need special facilities need special treatment is not not enforcing the same racist stereotypes that we've been trying to abolish for what decades and it's not about the money it's not about the money going to the system because our school really has such bad you know curriculum such bad facilities you're cutting money from AP classes we don't have money to make copies for stuff that we need that's fine it can't get much worse I can't imagine the problem is some people think they deserve more they think that it's okay to take from others for themselves that's the issue whether or not they are allowed to take it if you want to promote equality in learning you can't force it on people the second you start telling people they are special either better or worse and that they need special facilities they need special treatment their will to fight is gone one of my oldest friends he was a horrible student sees passing was a virtue to him but when he met me I talked to him I told him why why not try it's your education it's your life his parents were horrible they abused him physically and there was that's not the point but after I met him he decided to start trying he had a four-point-oh the next semester the very next semester and it was about trying if you want to promote equality I suggest you start getting people to want to learn I suggest you start equalizing not equalizing I suggest you start promoting will to fight for yourself will the fight for your education and what you are and that does not come from better facilities or better or more money going into the school system it comes from people that's where it has to come from you know everybody else walking up here they start quoting their qualifications they work for so-and-so amount of time at everything this is why their opinion matters well I'm not going to tell you how long I've spent helping the community I'm not going to tell you how long I've spent you know fighting for what I believe but maybe you away my opinion the same thank you and then oh I'm sorry um my name is Tina nyan I'm a student at Alameda high school and I'll be honest I'm not the greatest student out there heck I'm barely at the average but the thing is I've noticed that a lot of teachers at a CLC believe that they should let more students into older school I think if they really look that then they should do that but if they want to take and make a new school overall then it just proves I've been giving up on public education overall they want to make a new charter school that way they are not involved in the public and the public is what we want we want to improve the public overall anything else we don't want to lower the standards we don't want to separate people we want everyone to have equal opportunity if you make a charter school just for the sake of someone else because they want to like have a better education or solenoid it's not them it's the students and the teachers that overall build it like I see these dedicated teachers at ACL see that should probably be going to Encinal high teaching public kids with classes full of 35 not with 20 or smaller overall they just say okay let's make something better let's take these small amount of people and teach them why not teach a public school you love students but why not teach you a public school you teach at a charter school that is not really a public school you have to go through a lottery public school especially open to anyone a thing I want to leave with you is the fact that there are so many students over Alameda high and Snell Island what not the textbooks are out of date everything needs to update everything needs to get fixed heck teachers give up on students nowadays why do we hire these people why do we give up on the Public Schools Board why not improve it why not make it better I want to leave you with a quote a very infamous eminent quote that everyone should know the road to hell is paved with good intentions thank you leave it or not it's the last speaker slip Ron wolf superintending board members my name is Ron wolf I'm a reserved person and quite uncomfortable about being up here but I want to voice my support for the charter school since I've read in the print media online media about comments that this is for the privilege elitist minority I'm not among the economically privileged I'm a filipino-american who struggled through the regimented public school systems with my own learning disabilities during high school I found at least a few teachers who stepped outside of the norm of teacher dominated instruction methods and allowed me to excel in the sciences and math my children will do well in school because they have very involved parents but I want them to have an opportunity to thrive in an atmosphere that promotes independent thinking respectful debate and exchange with their peers and teachers with a facilitated environment I want them to learn to be excited about their education I want my boys excuse me I understand that my boys may not be admitted because this is a lottery there will be a distribution of students respective among those who choose to sign up for this lottery and not a selective admissions process to attain artificial elevated scores my wife and I have gotten to know the core n CLC team and we know that this is a group of highly qualified resourceful motivated and dedicated individuals who I am confident have developed an outstanding and effective program this charter school gives the that choice for the current students within a u.s. excuse me the Alameda unified school district and will attract some home schoolers and students currently involved in the private school in private schools please approve this charter petition thank you we'll open up for board discussion um sound like to start Mike no go pass crazy um before I before I I'm talk about the petition or anything like that or discuss what's been said tonight I want to ask on the super ten and a question and because we just went through a debate in fact the last time we had this many speakers was about the Edison enrollment debate which was a couple months ago you all might remember that and it was about students who wanted choice the choice to go to edison school and so when I want to ask the superintendent is with regard to the UM the the demand for Edison or Franklin or Baffin Island school would you would you what would you say if any one of those schools were open else into open enrollment would you expect that you would have a demand of 20 or 50 or 200 yeah we probably have a huge demand so I mean within with yeah I mean I well that's lightly I mean I expected that you would say that and I guess my point is that this is a great school a CLC and there is a demand and there's a waiting list and there's a lot of people who are really excited about it and that's been well explained and well discussed tonight and in other correspondence but also tonight and in correspondence we've heard that there's a lot of schools in the district that are in demand and that would have a waiting list if we if they were either charters {00:00:03}	1	0.5%
{00:00:22} alpha road Oh you want Oh as long as we know our agenda is up here the bathroom features starting to my first on this year state the following that our agendas when they are posted to the public Natalie's a busy agenda master so from here on in that means there's many items for the agenda exposure to that isn't confidential so that you presentation is jewelry I thought gray I will see you in the audience alysha rylee vector he's not so hopeful you have to deploy on the agenda see how how that worth the trade shows up next item on the agenda is common for the public on items that are not on the agenda if they're on the agenda your college he'll the item is called by my board board discretion also items on the executive session agenda are not to be seen right now so any item that is not Todd public agenda to make presentations I I on them for your life in 30 perfect thank you very much sure I am I'm here voluntarily along to the white pathway energy bar by a Confucian in this fish tanks regarding spastically you're both be happy with us angela was a to begin with I was JD saying what experience however you have more negativity and pump it up the unit was not late because we wanted page in it I'm fighting in 2008 mr. cumin get to pick up our yearbook conveyed my 300 pages for not uploaded into the system an HTML page took a very long while women though observe this who committed us to train the year what there was never any mention of human writing the time saturday marked well mr. Modi's visit impactful typical party and as we have the weekend to finish your book the year of a collectively decided to place inside whether the very last moment furthermore our basil things were already done one thing once we clear that deck who has got to be someone the university so that we evolved is a recent one is he really would appreciate all right we welcome you look for many hours knowing that is your bonuses stipend is being held is a big disappointment to me does he have decided to donate his pipe into the yearbook staff his work is done and so is ours thank you oh and I'd like to present a factor of minus the web he thinks all my name is recently graduated from the class of two thousand eight and I was the editor the 2007-2008 practical high school yearbook but why am I here at employment can I recall the minutes of the past 14 I can see many things that are not true now what I have to say is nothing for the truth I have no reason to lie I have a college graduate and has a year with me I am just trying to prevent the other class of you expecting what I covered and to shed by on all another question to begin with our original deadline will not bend towards 31st of the game that is print but Michigan the dead presence of a new deadline when he turn in 13 days late component of a new contract I decided on generate to a second of the knee and violated on every 15 and watch ten thousand eight the contract says that for every day Monsieur than is a wee pictures that you're looking president extension of two days pudding after our original seven fishes or surgery taking into the account 13 days he would collectively late amount to take 26 days which means we could have turned out of your lip to him on April 26 that really wishes met any blame tape on our part on why the yearbooks relate however there are other point that I would like to mention the first via database which included senior portraits junior sophomore and fat pictures the yearbook current program without the database without it we do not know how many pages and intelligence this database was installed on April face five days after original deadline on march 31st in addition a program required to play that you put together easy book and not allowed nails being edited once they were uploaded I have to fix problems in the photoshop file stayed in jpg out of order and finally uploaded again when you part that these five minutes per page later time there was more data in the evening of crime ultimately editing wasn't done to the point I would like but editing was it wasn't it's very the minute said quote unquote that your book contain many early but errors exist in every year of CHS has seen and they are not dramatically perfect finally after reading the minute I also seem to get an understanding as importantly the yearbook that an advisor make decision of having 300 pages either at the last minute or time that as a result will change the date of arrival of the yearbook the United pages were decided early in the year but mr. Denton you about this and do not mention that your roommate is that were the reason moreover Villanova staff and even students expired nearby review which room and its lack of professionalism created more problems than expected it realized the ultimately like maybe rely on how this work has been over the years it is ironic that for the past four years the yearbook on top and we're going to put a sane teacher more than 14 years foreign teachers whatever that is you know what to change {00:00:28}	1	0.5%
{00:00:15} really help communicate he dynasty please I Oh including a letter of resignation very No keep it on a lot did a great job work at stay a school day your application the regiment's presentations there anyone who would like to address infant again for the discussion you one of the troops were asking to cover anything but was I'll take Cooper's one that would be good and also Terri Bryant you ask people ok we would have we went out to be hi my name's Diana a llamar the pair of our what we what we typically do Paris speakers the district and then and discuss what they ask you some questions that makes a very simple losses here based on there and my child currently 10 Hebrew elementary my I have five children attending school right now she the only one in heber my eight credits moving on to high school she was the one watching her after school now I'm here my husband's in the military so he often never around but when he's around community San Diego and I have no family or have been here almost two years so I really don't have support system my I have an infant my child goes to a daycare in el centro I also work in el centro so I have no one to watch her after school for the next school year 10 years after so that's my my first concern and why I'm requesting that she moved to an l petrol school local to my child care because she can transport her to a school nearby her house so without that I don't have any way to get her you know after school I have can't have her going home alone years old and then the second breathing in that my child came from San Diego and then she'd been in beaver school she's already in bad they're great because she's above their standards so they're still trying to do think the Challenger this year you know the teachers like supporting class and all your pencil and I don't know what to do with her and that type of thing that's my my second but my first right now I don't have childcare so I don't know what else she might I have three in high school and they're all in like after school activity then then she have a negative 10 month and she the only one elementary or not in Russia unavenged messer in high school like my eighth grader wasn't and that's why i was able to do this the previous years I had an older child home with her but now I won't just going to be in southwest and there you know pick it up later and they have their own schedules 20 21 this other love 10-percent out and have that timber sale pregnancy it all we always real parents question is who wants to go ahead and take an action which directed option we are the legal system but the Bible a policy angle memory pool and the legislature which by the mages recently in class session when the toll reinforce keepers standing so so there's a wall behind you {00:00:24}	1	0.5%
{00:00:05} this is a public eating if there is a matter of which you wish to be virtually who should be a bird please come forward to the microphone address for yourself to the to mention steady the name and address for the record the chairperson reserves the right place a time limit on each person asking deeper if you wish to address the Commission concerning any other rather than a Commission's jurisdiction you may do so during the public comment portion of the agenda any person not satisfied with decision of the Planning Commission they file an appeal to the City Council to the office of the city Oh type it here boss article very discussion this hitter question on the interim status in green that mean that was your status at the moment so you want to make sure I had obtained before that thank you thank you motion passes virgin the existing two-story 26 jest moja and five commercial office spaces to a 39 unit office condominium complex on property located instead of 25 West states to decide to throw described in 05 321 dad visitor three proposed office condominiums will range in size from 300 square d 26 others for their access decides to both work with wide driveway located along State Street egress will be divided rich culture collide alico in along the southern perimeter of the site easterly and south seven through twelve initial first start thank you on the world chairperson and members of the Commission as you make a call every question at this ime continued made last year the proposal we request that a conversion fiction story 46 guest room motel and I commercial spaces for 39 DNA off of the common alien combo is located at 75 west state street at the time that the application was submitted to the same that cycle of zone general commercial however since then we have updated our zoning map ms consider now downtown commercial this is the project site again it's at the corner of State and seven this is the area and this is the proposed tentative that death scene proposed as mentioned before the map proposes 39 office condominiums ranging in size from 300 to 600 square feet the project the full but then the project will be eliminated and that will provide additional parking area the Toa barking outside parking within these sites will be 39 part of off street parking spaces and it would also the project would also require a 2200 square feet of blacks changing this is the subject side looking southeast looking south looking west and looking each it's right across from the idea now the project proposes garages to the south of the project and if you can't really see them from this picture that this is just detecting the looking north from the alley the car parts will be enclosed of private garages that is the case the project will be required to provide us by foot setback in the rear yard of the project the project the total number of parking spaces required for this project is 67 parking spaces 39 will be located on side and the balance of those will be paid by in accordance to the city's ordinance of a pig in the fee for the efficient parking and then show our city ordinance allows for the station of a movie for any official parking if a public parking area is located no more than 500 feet from the project site going back to the project site you can see that just to the Lord there is one sparking public parking area and then just north east of the project there are two parking structures located within the project area be this party is over the difference between the project site in this parking structure is over 500 feet so this will not count towards the credit the but the project can do is of we would create these parking spaces and this project is parking space to accommodate the deficient partner is we are recommending that because apparently open to allow any public comment at the same time we are staff recommends at the resolution finding that negative x declaration was considered by the court also and also that approving condition improving the tennis matt has proposed now if you go back to the last page of your salary for the last three pages you will see exhibit ii which i can invite all the conditions of the project I will not going unless you want me to go through all I'm not going to go through the I think the important ones are again the off street parking as conditions 11 which will require the applicant to the pulpit eight hundred dollars in the state parking lot acquisition fund for each division parking which will be 28 the landscaping will be provided that we can be conditioned seven condition a again if the car parts are in close there shall be a minimum of five foot setback and condition of the twelve which identifies the need to provide a left turn only sign on the one way and creat only we located along west a street so it would be left here only the other conditions are just our static conditions and that concludes my report yeah there will be a a parking papers have calculated on the overall 67 information there's a formula but it became a number of parking parking spaces in a cage and it has to be this problem will require two hundred reward 20.2 emi {00:00:08}	1	0.5%
{00:00:03} I'll send any comments in the world as well as the resolution here great that's in the ordinance that's into motion that's in the ocean all right then one second please though that passes for oh i think there's the one occurring in the station is to close out a number 137 and below that we've given your background description on each of these items and we need to submit this to the state cop money to close these out unless you have questions fixed I'll open the public hearing the ones we'd like to speak on this issue please do so at this time taking that will close the public hearing and come back to the board for action mr. Chairman I recommended requested action on 1 2 3 4 5 6 and 7 and if you have a second second in comments please go just a comment briefly mr. chair recognizes a very very brief comment the work of the Economic Development Commission of Imperial County has been offices in the audience and other staff members as well there is so much that entails all of these items and their accounting and budgeting matters and then the transparency that is here and I just just like to bring out one of them here's in the PAL very fire station has been in conjunction with public works department in the rehabilitation of that fire station during that storm of September go seven is just Karen torn apart it tore from one end to the other but we're seeing that being put back together as well as other community service projects that will help all of our outlying areas as well so kudos to the Department for your hard work and we thank you support please vote that passes 40 lastly I don't have anything on this it comes to read this is a we will now conduct a public hearing regarding the clothes out of the ground accepting a project for CDBG general allocation grant for stb g 1975 and presentation of the Pinal to present presentation of final the grantee performance report here as trying again this is for the bratz this is a grant that we started in 2005 and under this grant we rehabilitated number of homes as you can see in the area and we're requesting is Quebec public hearing and allow us to close these grants out as they haven't completed according to the guidelines and requirements for civility Alton yeah okay I do so do i do so right now we open the public hearing anyone like to speak about the cdbg general application grant please do so at this time singing nun and we will close the public comment come back to the board for action mr. chair I move that we approve the items requested one and two on the ground close out and the presentation of the final gravity performance report okay second second please book that cheap-ass squirrel might be related always started at one after so what's up so so I guess your performance to do not that really matter that's really weird you the best you Bobby latest faster except for one right being that there's no other week include all the business owner just a day we stand adjourned {00:00:07}	1	0.5%
{00:00:00} 78 to be happening in closed session items to report items 1 through 3 were discussed direction was given to a purple actually taken he again up to the agenda with the claim valedictorian please help loading tube and the tolling agreement with your tour today for another six months and then item number for game continued until after the meeting now calls believe all the tenets thank you tell Romero would you lead us in the Pledge it ok everyone a chance to review the agenda a motion to approve the agenda seconds all the papers a lie I was both back to sleep at this tired already haven't token Commons first before they have a special recognition in fact now looking to the special recognitions first one on each of them but we received a email members of the community that were affected last week by the rains there was some storm water and put it right up and it's in the water utilities department under nice Estrada mr. quill seven evader come up I'd like to this is a mayoral recognition award I didn't know there was one I ask that there be given some type of recognition and this is my Oriole recognition award that he presented equal to the data of the water distribution maintenance utility services department in recognition of your commitment to providing excellent customer service to the residents of Calexico your work ethic and commitment to excellence and helped us to beautify our city and improve the quality of life for its residents we thank you for taking pride in your work and realizing that you're dropped performance directly your efficiency and eagerness to assist are exemplary of the city of collectibles commitment to service evil the city of Calexico on this council is very proud that have you on our team this Dilma did was he wet and he went beyond the call of duty here without there with a shovel and trying to clear up the defense of me so that the storm water to drain out he did it because he loved the city and the great team player thank you one of the things I'd like to do in that line your mouth maybe someone help us with is on our website have a little section it doesn't take very much to have you know give give a recommendation to us a employee or or a citizen that did something exemplary that's into the field it should be at least recognize if we can have a link that can be emailed to specific department maybe Erika is great at doing this or stuff and we could have horses and participation and our team player to be written at this time we'll move into the public comment section polka comments are welcome speakers will be limited in three minutes please complete a speaker for prior to the start feeding it comments on agenda items anything on ya agenda will be heard with discussion on that individual item so i can write in half robertson push it out general comments you want to wait to watch the board will do that gen 5 number 6 as well as in a giant agenda able 11 okay we have someone from the audience wishing to give us a PowerPoint presentation unfortunately it's under the public comment period but it can start it today you can have three minutes and then what we'll do the book request for it to be placed on the next agenda from Council so that the time limit is really not in English yes try to skip to to waste into energy well we've been working with industrial park companies that face challenges steady supply of electricity and what we've done is create an agreement in between the generation of power and the consumption of power to this case it does Department go to the next slide our process is pretty much converting the municipal waste which is one hundred percent most of it over sixty percent of this organic that goes into the process of recycling through a transformation into electricity the other forty percent which is plastics in organics and on stuff although all those items go into recycling the process of JPEG it's pretty much any gasification of the inorganic waste generate steam the steam generates movement of the turbine the turbine creates electricity it goes back into the grid the benefit of this is totally green project you can eliminate the poles one hundred percent of your municipal waste converted into energy which is the other good point and also there's a struggle business unit that cleans out all the gasification process products and you have breathed out that's that's a key to this process this is part of the process most of the items are have bigs or sort of a chic nicht so that goes into the recycling plastic smell slightly that's part of the s reading and milling homie organics great gets shredded out to we pretty much combustible material explain there's a mineralization process that goes into this into the third process which adds some value to the excessive organics makes them easier to combust at the end ? and you can also use it for my products for fiber cement face other additives miah fukin maybe request that this presentation and they'd be a brief synopsis of the project descent to our economic development director Richard Dean that would be wrong but I like her that department to have it in our economic development marketing coordinator {00:00:03}	1	0.5%
{00:00:00} system so I just want to make that point I'll I have a question for check that I could that I could bring up later but uh go ahead check when we looked at the charter charter renewal application you reviewed that in 2005 and we did approve the Charter in two thousand the renewal of the Charter in 2005 and I'm going to go on about the charter renewal a little bit but and this isn't really chai just like to eat your comment because in that in that in your recommendation you said that the charter renewal application met all tests and that a CLC is uniquely successful charter school and I haven't heard you say anything different tonight and so just to clarify you're really just commenting on this application and this proposal but that's all exactly as you have said okay cuz I'm and I I would agree with you and the board did approve that charter and we would I personally think that it is a good unique it's a unique certainly school and it's a successful school and that's been demonstrated by the achievements and the the the recent distinguished school ward the butt but then Chuck mentioned as he talked about some issues with the application and I am I want to kind of go on to those things at this point and and point out or just to talk about the superintendent's recommendation basically I did look back I look back at Chuck's recommendation for the approval I look back at the 2002 report the 2004 report and and I looked at the superintendence recommendations in and I'm concerned I mean I I'm concerned about the ability of the Charter to meet the the proposal the expectations in the proposal despite and when i'll go back to the proposal the request to in 2005 2004 to which was approved in 2004 to add a sixth grade and at that time a CLC said and one of the reasons behind out in the sixth grade was to increase improve expand and achieve more diversity but since then actually the diversities been reduced that the school has gotten less reduced in terms of ethnicity at least and also in terms of special education in English language learners and I have to say that that that that's one dammit it demonstrates to me that you know you have had that you've had this goal in the past a CLC's had this goal the district agreed with this goal and approved the expansion to sixth grade but the the goal wasn't met at that time so it makes me a little concerned about approving this charter with the same goal when history shows that it it wasn't achieved that as I said the committee outlined a number of concerns related to the proposed educational program and well let me go back to the to the 2004 approval and just make one other comment because I have to respond to two one of the supporters who suggested that the only consideration for the board is money and i would certainly speaking for myself I would say that I haven't reviewed this application in terms of financial implications and money is a big concern to me as a board member but in this case that my concern is is student success and I have to point out in all my review carrying around all this paper were looking at all your past past reports I when you did your presentation to the board in 2004 and he said he told us why is sixth grade good for a CLC one of your points one of the bullets was because a CLC will get more money well I guess money is a consideration for all of us so you this isn't mentioned in this report as a reason behind why you would want to expand to that and a Danny a charter school but again looking at past history and pointing out that you would get ninety thousand dollars more a year i think it was for adding a sixth grade makes me you know wonder if this why that wasn't mentioned as an issue in in this proposal the but the main thing again as I said it was about that the equity which was mentioned in that proposal adding sixth grade helps east west and parent equity so to make east-west more equitable and so back to the recommendations in the committee the committee outlined a number of concerns related to the proposed educational program and as I mentioned in particular the explanation of how the Charter will meet the needs of students with disabilities and English language learners is insufficient to say the least so I'm just going to close my comment some one speaker urged us to represent our views and and not to to make our decision based on petty issues and one of the last speaker said that I'm will be skirting our responsibilities if we denied this charter well I think that we'd be skirting our responsibilities if we approved a program that didn't meet the needs of all of our students David so first of all I'd like to acknowledge the many many people that have made their voices heard on one side or the other I'm very comfortable that in my short time three years on the board this is this issue has generated the most emails to my inbox it has totally captivated the Alameda blogosphere such as it is and I am on that note very encouraged by the huge interest within alameda for public education and about public education it's fabulous that there is this huge debate and it is captivating or engrossing a lot of people I do think it seems to me that you know whether once in New Hampshire and alameda were all for change thank you but the thing that really strikes me about tonight's comments is that I've heard way too much about a CLC and that to me some echoes Chuck's point about how the Charter was written I had a the Charter proposal was written that there's too much a CLC in that this decision tonight isn't about a CLC this decision is about it proposed new charter all bit by the same same group that running runs a cell C but i think frankly we've heard too much about a CLC and and not enough or not enough discussion about the specific proposal and to the point that we're not allowing an opportunity for rebuttal to the findings of the committee the state in its infinite wisdom set up this process it set up this process whereby communities are pit pitted against one another it's set up this process whereby there's a strict timeline to follow it set up this process whereby if we deny it goes on to the to the next level to the county level there is no process set up by the state in its infinite wisdom again to allow for rebuttal so to the issue the the actual the findings i have to say that the one that speaks loudest to me is the third third finding and the insufficient detail regarding the proposed k5 program i think and i think it's a pure speculation that there may have been a very different finding had this been a k-6 a totally new k-6 charter proposal there were some you know somewhat though it definitely other issues in the finding but I think to me the the bigger issue was the the lack of detail about the k5 program so on that I would also we're not ready yet but certainly I would also vote to tonight again so I i think i need to say a little bit about my background with with our charter school the existing one and i'm commenting on on this proposal i was a teacher at Alameda high school when Paul bents was and and when a group of people began working with the superintendent then Dennis Chaconas and and Arthur Andersen people and and and did all that that tremendous exploration and studying to to start the arthur andersen learning center so I've seen it develop I've seen it go from part of our public school and with pretty much many of the way it weighs it operates now it was operating then and i think it was mentioned it financially became advantageous to break away and and to become a charter school I have a daughter who teaches there now so I see very positive things and and the emails we received from parents and students in the community certainly substantiate the fact that this is a very successful model in fact when I look at at this and I think over our previous board meetings with the plea of change and and and choices for four people throughout the district parents for their children I we need to encourage models within our public education system we need to encourage new approaches my problem was in the very beginning when I was the I'm the only board member that actually voted in that first one and i voted against ACLs of Arthur Andersen becoming a charter because I believe that we had a wonderful we had we had the basic model there and that money shouldn't be the only criteria for becoming a charter school and let me say something about charter schools I was a union activist I was a teacher and I saw the movement all over the United States of of people who wanted public education to become privatized through vouchers and when California and when the teachers of california and new york and all over the country knew that the public was pushing for that and knew that we did have schools in school districts probably in every state that weren't up to par and needed changing and needed choices the teachers unions themselves gave support and that was said earlier by art the union representative in supporting charters to allow for choices because at least they were going to be part of public education now we're we're struggling over this you know our students have stood up tonight and it's very hard to think is this public or is it private and we all know it's part of public education on the other hand if if every group if they could afford to hire consultants and write a good hunter page document many many people you could you could starting an Alameda one after another and have many small private private note public charter schools in fact we've already said tonight we have another one that will be coming up to us my only question is this is this the direction that we want for the city of Alameda or do we want to have our public education that's part of our a USD improved in a way that parents I mean the words have been wonderful words tonight that people want diversity and choice and and they want to empower teachers and and we want to empower students and have visions and leadership can we not my cell my question is this and I've talked to mr. Bence about this is there no way that we cannot use the expertise that you have the commitment that parents have and explore incorporating the this model further into our school district is the only way that you'll work is if you become a charter school or could you work to become part of our public school system here now let's not let you don't want us to vote on something because of loss of money but you shouldn't be voting on something because you get more money do you see what I'm saying our decision should all be mutually the concern for greatness in our schools for your children for our students for our teachers to work in a successful system so this is what I do feel I will be voting to go along with the recommendations of the staff I know this is not the end of this but my challenge is make Alamy to public schools better schools use all of you Linda I knew you we were all teaching together moffa all of you make our schools better work with our staff we are you've heard what we're doing we're looking how can we change things all over the island to equalise to have education that offers opportunities to students with your in the East End or the west end with your african-american or Hispanic by the way I just have to say when I heard the young man he's still back there I think saying that he found a home after being in this country for four years he found a home in alameda high school I thought oh my gosh 2,000 kids at Alameda high school I didn't think he could find a home but he did yes so so there's a model it was right for him he was able to buy into some things but I would love to see I said Alameda high school 2,000 kids that's where I taught there was 1800 when i first started then it went down that what's up and there must be a couple hundred kids there that would love the model that you have there must be teachers there that would want to work with being more innovative oh but you can't do it if you're a public school rather than the public charter I think you can that's what we're looking at in education to challenge the state right for some waivers ask for some of these things that you think it wouldn't work that you need that you can't have because you think you have to have a charter let's try to make some changes that work I think I think we're ready for it so I I just have to say I thank everybody for your input for your struggling for your work I do believe that everybody who has spoken tonight wants the best for you know for your own children and I want you to want the best for all the children in alameda and in other parts too and let's not be divisive let's not be mean-spirited but let's work together so I thank you Mike you having any closing comments it's real clear to me that we're just delaying the inevitable we're going to go ahead and deny it but it is inevitable that the Charter will be approved at this level or be resubmitted and you know we get the message unfortunately the rules aren't set up so that something as big as the school district can move as nimble ease as charter schools to address the concerns of the overall citizens so we'll continue to do that I mean we are I mean we've got we hired a superintendent who was going to bring us to greater levels of of excellence in this in the school district and I'll continue to work with the superintendent in the school district to do that but I understand the other side of this of this of this argument it's a real squits real clear to me it's inevitable the rules are set up we've got the ability to touch you to deny it tonight but you know six months from now or a week from now we're going to get a different one so you know let's move forward as people said focus on what we're trying to accomplish which is changing all the systems for all the kids okay there no other comments I'll ask for a motion I'll make the motion I move that the board adopt the superintendent's recommendation to deny the charter petition as set forth we have a motion and second I need the language to say adopt the finding adopt the findings okay way we can proceed down paths and okay i will then change that right here okay i removed that the board adopt the findings contained in the january for 2008 memorandum from the charter school evaluation committee and deny the charter proposal from the Community Learning Center schools incorporated second okay we have a motion in a second all those in favor please say well if we're saying I is an acceptance of the recommendation all those in favor say aye aye aye all those against any abstentions it's unanimous okay you go to the next item G a board member reports will give us a couple minutes here no the break we have to David just again to reiterate my opportunity the opportunity I had to listen in to this meeting about chipman and the the going green sixth grade and how exciting that is so I while I must confess I find it hard at this time of night to generate that excitement trust me i am excited and i really think it's going to be fabulous for the district it's going to be fabulous for chipman it's going to be fabulous for a whole bunch of kids get it yep I think I'll pass okay crazy um thanks to everyone I don't really ever appropriate I just want to read one sentence from the board policy on charter schools in determining whether to grant or deny charter the board shall carefully review the proposed charter in any supplemental information consider public and staff input and determine whether the chart petition adequately addresses all the provisions required by law I agree with Mike's comments at the end of the discussion but we we did due diligence all of us I did and I know the rest of the board did as well and as a superintendent did now i want to thank superintendent and staff because this has been certainly challenging and something that might have been easier to just say okay because as Mike pointed out we'll be dealing with the issue in the future but as I said in my comments I I wanted them to come back and when they do I really want to see some more evidence about how all the students in alameda will be supported by this by any new new school any new charter Mike to pass like my only comment was I was at the same meeting regarding the chipman initiative and it was definitely a very energetic community meeting and obviously it has a lot of a lot of initial support and I hope we can continue because I did continue to underwrite the three comments hope and I mean be very careful hope choice and change and I think we have to keep that in mind going forward yes and hopefully we can meet the needs of all our kids thank you and with that comment I would during the meeting {00:00:02}	1	0.5%
{00:00:00} as on the outer ends of the island and that's the attendant zones for ruby bridges and for Edison Otis that are expected to increase in enrollment over the next five years while their facilities currently are either close to or at capacity ie there's not much more room to house additional students the remaining school areas are expected to decline over the next five years and those facilities are currently under capacity which means there is room to house students in those schools so the charge of the task force was to put together some options on how we can resolve our mismatch in enrollment and capacity this evening I'm going to focus on one of the categories of solutions and that's increasing capacity at school sites in particular I'm going to look at the option of adding classrooms to school sites in at the special board meeting on December twelfth we explored other options in greater detail than this one and I want to focus on this one for tonight again the as the task force is moving along we focus on options and we continuously ask ourselves what is the facility impact of this option what is the financial impact of this option what's the program impact to this option so increasing capacity we have generally three types of construction that are available to us to add new classrooms to school sites that's the portable modular permanent modular and the traditional construction that is going in and building and these items we've are these options we've explored along several lines and wine obviously there's some pretty big differences in cost between those three there's a difference in the timeliness of implementing an option that is to get from that decision point of yes we're going to put an X number of this type of portable to the moment you can have a student actually use that additional classroom there's a difference in flexibility between how you can reuse a site once it's placed and the third is the life cycle of a particular type of construction the one consistency that I heard as I went out and spoke to principles about the options at the December twelfth meeting I explained that I'd had our director of maintenance operation facilities go out to the school sites and take a look and make a determination about the maximum number of portables that could be placed on a school site I then took those numbers and I went and spoke with all the site administrators to hear their version of what's the most that they could tolerate just because we can put in X number of portables doesn't mean a site can actually tolerate that level of increase and so I wanted to get a sense of what what that difference is and the one piece that I was reminded at at every single school site and so I had to put it up there is they asked the task force to just remember that when you add portables it means you're putting your putting in additional students and you're giving them less space so that's a double whammy is what it ends up feeling at a school site and so all of them pointed it out and so I felt I had to I had to include it in my presentation for this evening and here's the comparison so along those comparison points that I mentioned we have the portable modular the permanent modular and the traditional nuke new classroom that's actual construction the portable modular tends to be the just relatively speaking least expensive the traditional is the most expensive and the permanent modular Falls pretty close to the much closer to the traditional side and then the portable side on the timeliness side we have the portable modulars that are easier to put in place and of course the permanent modulars which so you know six months isn't that bad in comparison but the traditional as we all know takes a lot of time a lot of architectural work a lot of processing through the state and requires a year to year and a half to actually open something up on the flexibility side a flexibility piece is about when you place a portable you can actually move it so if you have a change in demographics and you have growth in one side which then moves into a decline on that side and growth in another school site you can pick up a portable and actually move it it truly is portable that's not true for either the permanent options the permanent modulars and the traditional construction it once it's there it's there it's not moving anywhere the life cycle does very pretty significantly the portable modulars is expected to actually is built to last about 20 years with an appropriate level of maintenance most school districts do use them for much you know well beyond the 20 years and they can last up to 30 years in pretty good shape the permanent modular is in traditional construction is built to last between fifty and a hundred years that's a pretty big range and that range is highly dependent on the sort of maintenance work that is placed on a school site any questions on this in our school district where we have we know the perm the traditional but the portable as opposed to the permanent models just easy ones for folks to compare um if you think of Island the former Island High School site those are all portable modulars and on the permanent side Franklin the double deckers we have our permanent modulars so the actually Leland might be able to add a bit more to this but there is definitely a difference in quality of a classroom depending on whether it's a portable modular or permanent modular that's correct and some choice to on how you want it to be configured in some of the permanent modular so you can have a selection of how they the configured heating air conditioning ventilation systems and so forth can be chosen before they arrive on site a permanent modular set on a foundation and a portable is set into the ground and held seismically but it's not on a foundation so they don't last as long we're not constructed last as long so influent alright so I want to give you let you guys know that the task force meets on a weekly basis and we've actually covered a lot of ground and the report on the options to balance and roll in elementary enrollment with capacity is currently being updated and is actually close to while I only focus tonight's presentation on the building up option there are other other pieces the other options explore that are close to being wrapped up the task force and at this point we've made a determination and are close to being able to to present a recommendation to the superintendent on the miscellaneous rooms by school site and which of those we believe can be converted into regular classrooms and we've also taken a good look at what the impact of eliminating choice on the attendance boundary lines for elementary schools would look like and and then taking a look at what does this do to the over an interval of over and under enrollment figures so um we still land with some schools that are over enrolled we land with some schools that are under enrolled and what most of our discussion is right now as we're wrapping up is sort of we have two ways we can go our charge was to find options that would deal with the mismatch between enrollment and capacity and one Avenue addresses only the over enrollment size side and that's when we're exploring options to build up school sites that means adding on new classrooms to those school sites that are expected to be over enrolled that cost money as a couple slides ago we saw and does not address the under enrollment issue it address the sort of one half of the equation but those are options we're looking at other options go along the lines of again looking at the over enrollment in under enrollment and looking at changing boundaries without adding additional classrooms to balance that mismatch between enrollment and capacity so we are getting close to being able to provide our recommendations to the superintendent and do expect to be on time and on target to provide something for the board at the first meeting in February as an information item and then as an action item at the second meeting in February sorry i forgot i needed to use the mic since we have this in in two parts i thought if there was specific questions from the boarded regarding this we dialogue that and we move into the 6 12 and then i have some additional comments as well any question so as i understand it lose you will you is this the only option that you're going to present to the board before the recommendations are presented I'm sorry one more time that's the only option that you're going to present to the board before the recommendation is presented in February this was intended as an add-on to the special board meeting on the twelfth where I explored in greater detail many of the other options were exploring this was the one that we had done the least amount of work on so I wanted to provide an update to the board on this item and give some more details that I had not provided at the other meeting were there some other questions at that meeting about facilities about using facilities I think that you that weren't exactly completely answered at that meeting about using Ivan high school using the other facility were you going to answer those as well or can you answer those as well I'm actually taking a couple of steps there are some questions that I'm able to incorporate and fit well within the report the ones that I can't squeeze in because it was an outlier some way I'm just going to sort of add in an appendix of all the questions that are left unanswered that I couldn't couldn't squeeze in okay and so it just took two to summarize you met you said that the this discussion which is on kind of an extension of the of the january or december 12 ocean you're just talking about options to address / enrollment the charge of the task force was to explore options that would address the mismatch and for both are over enrolled and under-enrolled schools so we are looking at options that address both portables on certain side it yes any other mike i guess as just sort of feedback and direction considering was presented at the December twelfth meeting and what you're presenting here there appears to be a number of options or opportunities to make recommendations that have both short-term and long-term implications and the question that we have is you know which ones are gonna be the Shorthorns versus a long-term and how do you how do we balance that off but the other question or the other observation that I came away with from the December twelfth meeting was the fact that some of these programs potentially are site specific options to engage in a program whether it be to address an under capacity over capacity really ultimately have to get down to a site level type of tailoring of the program and in it it was really kind of struck me as to how how if how are we going to address or do is there going to be the ability of a school site to in essence decide for example there were some options about reusing classrooms or changing programs at the site like class size reduction that could change the overall capacity of the things but how would we would the school make that destroys the parent with the parents make the choice I mean would you even or because that can't be decided at a site level we wouldn't even bring that recommendation forward I mean I'm sorry that's what I'm trying to grapple with this is that how do we how do we bring those recommend I'm just that's the confusion i'm having is is that are these these recommendations going to be sort of district recommendations that really only address district issues in the social school sites are basically and big you left with very little input is I'm come I think are they going to get a smoker's work of choices in other words for example we know at site a they need to do need to address over capacity and they could potentially we have three or four different solutions that could address over capacity it could be a B and C options rather than dictate a B or C as a recommendation would we allow a school site to pick a B or C see what I'm saying I guess is it's it isn't going to be just district driven or is it going to be site driven I guess is really the problem I'm having or the time trying to get my head around in terms of the process and the feedback and all the feathers test for she stuff that's going on so um that's my observation or my feedback if it makes any sense well I thought you loose at the time was it I do and let me offer this just so that we're all clear about how we see the next steps happening for that the task force is charged with making recommendations to the superintendent the superintendent will then make recommendations to the board the task force I'm going to take one of your examples for class size reduction we read through the notes we all we had some of the task force members were present others read through the notes so we're all familiar with the conversation that occurred regarding eliminating class size reduction either by grade or by school and the task force then as part of their recommendation to the superintendent will have a discussion about what eliminating or reducing it one school site means or three school sites we have three that are expected to go over enrolled what would that mean the pros and cons given the facility financial and program impact and then ultimately make a recommendation about what we think should happen with class size reduction across the district or by school site of the second example was your question about the the miscellaneous rooms the rooms that were used for purposes other than regular education or special education for that we really did want site specific feedback I've met with every principle and we actually went and looked at the miscellaneous rooms use of those rooms and then I push the question of what happens if we converted all six of these rooms and then we did a tour we walked room by room to try to figure out where could we place this function if currently you have title when services provided in this room is there another place where you can provide this function if you're using this current classroom for an after-school program is there another room we can do this in and D at the last special board meeting I presented that list of all of the rooms used for miscellaneous purposes as i'm updating the report i now have the list that says and these are the rooms principles agree that we can convert so it is it we actually I've been to sites very very often and it's it isn't speaking with principal specifically to try to come up with what the best options are going to be and some of it is going to be district driven and some of it will be site driven but it's definitely add we're not acting alone I guess my formative one question I noticed in all of this discussion there has been no discussion about changing these schools to in the old facilities management report of actually going year round with them as a capacity enhancer never been brought up and I'm kind of wondering why that was totally ignored it's actually it was included it was come came up on December 12 at that board meeting so it's one of the items in the notes and we've not actually gotten to discussing that one at length and the task force I don't remember class you're right that was double so I'm talking I'm talking about the the real use of doubles the sessions where they used three out of four out you're on three off for its not year-round i was thinking around i'm sorry about the delay that's actually in the facility report where you actually increase the capacity of a site by converting to a schedule that allows for sessions worth you're on three off one and you continually use the school the entire year that's what they do outlet can antioch and some other places to increase the capacity of the schools without actually adding portables and adding is is they go three tracks you go you're on three tracks and you're off one but it used the facility the entire 12 12 months I never saw that option so I was kind of wondering why that was never considered okay David thank euless I'm a little I understand that staff needs a vote by the end of februari on some short-term options but I'm the more I look at the calendar of events for the task forces I am a little worried that there's really actually between now and the 26 no more no workshop apart from three minutes here no opportunity real ready for public input and we're potentially making some some long reaching decisions here and so I'd encourage staff to maybe split up the short-term solutions and recommendations from long-term well obviously they need to work together but if that or at least maybe that would be an option to allow time for public input another public workshop yes at the December twelfth meeting we did we heard that message and that is something that we're taking into account as we develop our recommendations good because I didn't hear that and looking at the calendar you know superintendent recommends options to the board on the twelfth and then bought of then we vote on the 26 and there's no more workshops I'm sorry just to clarify what I meant when I said it would be included in it is in the included in the recommendations that the task force will make to the superintendent we will notice are some short-term solutions and these are the long-term solutions and then it sounds like with the long-term solutions we should add on and here are some other workshops we would need to hold in order to make some of these happen right I would appreciate that loose did that I miss it or did you mention what the composition of the task force is I did not today I'm 1c I'd be good just to put that American hat and how how that well go ahead and I'll be sure ok I'm going to end up forgetting something myself and I'm responsible for facilitating the work of the group our director of maintenance operations and facilities Leland Knoll is a member we also have David der king who has a tremendous amount of history with the district and i believe is sitting behind me somewhere and he's our student services and compliance officer i believe is this title we also have on from the district office we also have a sort of someone i'm using on a tag-team basis as I need information and that's our coordinator of assessment Lenny find blanc and say i hope i pronounced that correctly and then we add from the school sites we also have numerous principles we have Jeff Cano DH principle of Otis we have marketa Williams the principle of Edison they also have joy Dean principle of Earhart Jan Goodman the principle of ruby bridges and I've also brought in Marlene gross of ish who is a former principal and has a tremendous amount of history with a district as well ok so I would just have a question it was mentioned I think in in the earlier the public comment why why did we not have any teaching staff on the task force or any parents was a since they've been intimately involved in this suit yeah it's going to say when I originally created the task force and presented it to the board I saw this as a really internal work around our facilities in Roman and not about our program and in fact when we get to the secondary report as well and from what we're hearing from the community there is still the issue to be addressed about program and options at the k5 level and we need to build that into this process and and our intent is to look at that in k-12 as a whole and we'll describe that a little more but that was a deliberate decision to do it internal for this specific task I I just would say that I do think we have to keep in mind that it's important to have people involved in whatever capacity they have in the district who have a long overview of the district and as we you know we hear all the time about baby boomers but I know a lot of our staff is going to be retiring and coming years and we have many people who have only been here one two three four or five years but we do have when there is a possibility of having some excellent people who have you know 20 30 years of experience and seeing how things have moved and gone and that collective knowledge is important I think to consider in getting input any other question okay okay Debbie will handle the next part of this report good evening and you'll have to forgive my voice it may call at any moment and then I'll have to stop the presentation tonight is the first time you are hearing from the secondary educational options task force and one of the reasons is we had begun in October with a five-member exploratory task force who began researching some options for the superintendent's pathway to excellence and equity and since our meetings have just now concluded right before spring break it's an excellent opportunity actually to share what we've learned and where we're going next our task force was had this problem statement and one of the major hurdles our schools were facing has been the inequity of elective program offerings for instance personnel and funding resources between smaller and under a smaller enrolled schools compared to larger enrolled schools and this problems led to really inconsistent course pathways programs and services to kids our secondary task force charged as you can see on the screen these are our major outcomes we're hoping to come out of this in the next several phases of this work and at the same time that we're striving to ensure that all of our students are meeting high standards or district is really undergoing tremendous change tremendous pressure from outside forces to attract students to our public schools and inevitably this becomes an opportunity for us as an educational system to take a look at our good schools that we currently have and refine them to be the best schools this is our original timeline we just finished the initial exploratory task force in December I also want to recognize the five members of the team that started with us in October and these folks are at least castrol from Island High School Jed kempson who's behind me from chipman middle school Sean mcfetridge our director of ROP and post-secondary options and the principal of asti and Wendy ponder our director of curriculum and instruction and myself as facilitator their work has intended they're going to be with us for the long haul but they began with doing some research trying to look at what other districts are doing not only around California but across the nation looking at best practices best specialized programs all kinds of unique options and opportunities and then doing some deep research studying it asking questions some of the ideas explored thus far have included restructuring our middle and high schools taking a look at reviewing grade span reconfigurations for instance developing magnet or specialized program offerings expanding our career technical pathways so those are some of the things we're looking at we have specifically approximately ten options we've deeply explored and we're looking to expand the task force at this point from the 5 to about 13 or 14 member task force and the reason for the size is to make it a doable task force a task force kit that can really get down down and dirty and get the work done we're looking at including teachers of course CSE a representative and parents on the task force they will help expand these ideas take a look at these 10 ideas that we have and also expand it further with their own ideas and then we'll bring it to the superintendent and and bring some recommendations now this is broad base 612 secondary reform and restructuring efforts the other piece to answer the question about why not more more folks on the task force I do want to reiterate that the superintendent has designed in in this pathway to excellence inequity a forum multiple forums for two-way feedback whether it is her the sounding board that she is using that she meets with board workshops that will have in public in the in the public forum and other stakeholder groups that she's working at that we're working with 42 a feedback so we feel pretty confident that we're going to get a lot of feedback around our options along the way I also want to tell you on the timeline that we have at this moment in time we've added expanding the elementary voice for k-12 alignment in March and the reason why we decided to do this add this piece is right after the board action in February we're hoping around what the structure is going to look like in our elementary schools then we can then take a look and design and take a look at designing what our program options are for our elementary schools as well so we're at we will be adding elementary voice to the task force that's not part of this 14-member task force that i'm talking about that will be in addition to this next slide excuse me let me take up this next slide we decided to there has been various forums that we have encountered from November through December and through these various forums we've heard from our community the need to provide school options for the diverse learners in our community in our schools and as we continue to ensure all students meet high standards students and families also want unique opportunities to explore sooner rather than later we had an 18-month timeline for the task force and we really wasn't planning to implement any new work until 09 10 school year and but with the feedback that we're getting and we want to put something in place for the fall and this is for the school year this upcoming school year so this option that you're looking at right now one of our 10 options that we were looking at was just designing specialized programs in our schools that will entice students from across the district to say if they are interested in this science technology pathway that this is the place to go to this group they're spending some grassroots efforts this chipman middle school is a program improvement school they are looking ahead and being forward thinking around the years ahead as a program improvement school knowing that in year four of program improvement they will need to redesign and restructure the school and so they're thinking ahead and so they'd like to start off with one of the phases which is this one up here on the screen which is this end the science department has been doing some researching they are thinking of going green and this is one of those areas New Horizons that is very much in the demand it career wise and so its environmental science that will include hands-on community services using our Bay Area local resources the science department has been working on a pathway for this elective course offering for the fall and we're going to with district support put this in place as phase one of this work this is a specialized program and the reason why we thought this would be right in line with the work that we're thinking is we're also looking ahead at our high school pathways around career technical pathways and we are looking at going green environmental science looking at those career tech pathways ROP programs along the way for our high schools so this could be clearly an ideal pathway 6th grade through 12th grade and we want to meet this student in community needs so the coherence with this work that's already in progress as I said we're putting in this specialized program for the Fall it's a beginning phase and the next several phases the teachers also want to think about what school-wide program will look like along the way and what the other content areas and building the thematic instruction around perhaps the go green idea and so they need some time to work on it and so they're planning on using this spring the rest of next year to do some deep thoughtful deliberate planning work with the district office and EDD services around curriculum resources technology that they'll need to put in place looking for grants and other resources to support the work and so hopefully you know they're working on this now they're meeting and they have planned meetings there's also focus groups going on that will help give us more information along the way and so work is in progress and my last slide I want to share well what's up ahead we understand that there's a huge desire from our community to build 12 k12 coherent pathways and taking a look at specialized instructional programs so 409 10 or taking a look at one of our 10 options which was expanding specialized programs at the West End schools these are mostly under-enrolled schools Washington Elementary chipman middle school and snow high school and putting in some specialized programs and as I said Shipman middle school is already on the forefront beginning this work with their science pathway for the fall which will lead into Encinal high schools ROP career-tech pathways as well and then we'll take a look at Washington Elementary and work with the the staff and and and the administration to see you know what is it that will make a coherent pathway k12 so that's in the works for this this is our plan for 09 10 and I the second bullet is very important to us when you take a look at the green environmental science biotechnology the arts media these are things that we have been in ed's services working on already because we wanted to expand our career-tech programs this is a new horizon the state of California is giving funding for these arenas and we want to be on the cutting edge 21st set for 21st century students and lastly you're wondering how we're going to get all this work done behind the scenes we also have this ongoing secondary educational options task force that will be continuing to explore not just these two specialized programs but also the bigger picture what what does Lincoln would middle school Alameda high school island high school asti for instance what are those schools going to look like in the future and these are all in phases at this point in time and this is our future outlook and we want to have something that five years from now we're going to be so proud of that's working that's sustainable that's viable that is working for kids and meeting kids needs that so we want the time to really do a good job and a deliberate job on planning this so welcome any questions why I just wanted to add that in relation to the chipman work Debbie and I met with the principal and vice principal of chipman today and they're working intensely and moving forward at a almost a pace that will say that I think there may be some report further report to the board that will be bringing forward about where they are and what the program will be like and they're planning to share with their incoming fifth-grade parents and the promotional the work that they are have begun and where they are so what we've described so far is where they are not where they may be as to what happens as of September just to clarify thank you questions I have a question yep Debbie do we have other school districts or other in California or in the united states that you've looked at that have done something similar to this the specialized program yes yes and we're stealing to you were stealing so your loom other districts yes there are other course descriptions around the science pathway that we're looking at so there's yes oh thank you um again it's similar to the question that I asked have lose it you mentioned there was 10 options that were being discussed by the work and and now we're hearing about one of those options is this specialized programs are we going to hear about the other 10 yes yes our calendar of events we have us also coming in to speak to the board as well we'll have special workshops as well it and in terms of the timing as we this is the point where we need to add to the task force and we want to get that in process so that they have a the new group that will be formed that will include the teachers and other representatives will also have an opportunity to work with this and react to it when as we bring it forward from the community because they may expand that or have some modifications so this is that's in terms of the timing this work was meant to be initial research and kind of a brain piece and the next level is really to involve these are what we've looked at these seem feasible what does this group think and so there will be further refinement as it comes full I also want to add that it it looks like the 18 month timeline is too tight and that the secondary as word as work I think it's a continuing group for a little while and it will take longer than 09 10 to complete this work and we want to make sure that we're doing we're planning phases because now that we're doing these specialized programs we want to make sure we do those well and thoughtfully so as we're doing that work we're also meeting with the top the secondary task force and coming up with options but it may we make I may come back to you in future meaning to say we're going to be extending the timeline because we may not make it um Debbie what specialized programs the specialized chipman middle school so this is already moving forward this this is America focus on science yes yes change in chipman it's going to be a magnet school but this isn't something that the board has to weigh in on you can comment on it here here's what I also want to add we have taken huge steps around instructional improvement one of the things that I am very strong around is the secondary sim work this is the strategic instruction modelsim that we implemented this year and I think about it at in at least a five-year plan this is not something we launched one year and we turn around and try something the next year this is one of those programs around instructional strategies and instructional tools for teachers we want to have in place for a long time well I know if it works we want to know that it's making a difference so underneath underlying these specialized programs we also are infusing and making sure we integrate our instructional tools alongside with it oh and I understand that and I think personally I think that this is a great idea but I you know there's some statements in here and and other things about attracting other into that making an ax magnet program etc which would seem to me to be go a little bit beyond just having a a few curricular changes or you know haven't hiring staff that focus on a certain area and that's my question I guess is that if this is really a secondary educational option that's being adopted or that's been adopted already I you know I would have thought that it might have been we might have heard about it or had an opportunity to approve it or you know we had some input at least before it was put into place yeah wait one thing go go your meeting okay in which case that's a couple of questions in the elementary task force they had some categories of solutions capacity changing attendance boundaries creating magnet programs and so we're hearing about programs tonight yes is the task force addressing the other possible solutions we are at and were we're in close communication with the elementary task force so knowing what you know as much as they're ready to make recommendations were right there listening with that and that will make that may make an impact or not and depending what it is and that's why adding the elementary some elementary task force members in March will be important we are exploring taking a look of a some of the options specific options we're looking at is one high school and two middle schools one of the options we're exploring is a high school one high school but two campuses east and west some of the other so we have all kinds of restructuring options as well we have grade level restructuring options such as a ninth grade academy and a 1012 we have taking a look at K sixes and 79 and that's why working with the elementary task forces is really important sounds like an excellent topic for another public workshop huge huge so so tonight we heard just a programmatic right now into the issue we're putting into place a curricular focus so 4 08 09 4 chipman probably a year ahead of that we have to but it's a good thing that we're starting to do that because then it helps start to lead to the rest of the pathway as well around high school so we are going to put in place the chipman program the science pathway as the teachers are working on they're going to take some time and and work on what the rest of the school is going to be looking like and thematic instruction and along the way those pieces and have more to report to you about those details but yes we are putting in because we're going to have some major we have major imbalances right now as you stated right and they're potentially going to get bigger and then magnets by themselves may not so is not the only solution so Tommy just that's why we need the bigger task force now we're ready for the rest of the folks to feel this pain so when when might we see an April a community workshop to present initial secondary probe program options which includes restructuring options as well and boundary changes and what you heard from the elementary task force when loose presented all the options will be very simple it'll be parallel okay so that'll be sometime in April yes thank you and then my other comment would be I had the opportunity to attend a meeting about the chipman program on Sunday was very impressed my initial thought or an initial thought is that for this to work as a magnet people need to know it's there and while I'm sure we've got a great TV audience tonight given that the fifth grade middle school night I think I coming up within the month I am curious as to what plans the district or chipman specifically has to market this program too I'm thinking specifically the Lincoln area but basically district-wide to to fill up some of those classrooms and chipman definitely judge has a plan for the chipman information night and we we will be working on communicating to the school sites I'm sorry I also need to say that what i saw this is there is at going back to that rationale piece that we were talking about we have to acknowledge the chipman is improvement program improvement status and with that potential facing us in terms of options that end decisions the district would need to be forced the work at Chipman that has been going on as it went through satan and involved in program improvement we have what I would call a grassroot almost very developed place that they are at and it made logical sense since we knew we would be going down a pathway of specialized programs for us to give the green light and agree let's do this work because it will fit in the long-term work that we know we're at so part of a membered jensen's question I'm trying to respond to your question of the the logic of this and and the board's role and I still see this as programmatically what we've been talking about in terms of curriculum and the direction the district's been going and looking at the ROP program and options and choices say I agree hold on in that so in that vein at it is currently being promoted for the chipman community and wider as we know in terms of open enrollment and our process for identifying schools it's based on space available and there's an open enrollment window that is coming up in January in February in February actually that is another opportunity as chip continues to develop this that we can explain it in to answer your question in terms of potential marketing so it will get marketed to district-wide to other Elementary's not just to the chipman canaria yeah yes thank you David sort of touched on it and I just it's just an observation that i have that it seems that the way we created the task force that the elementary some for some reason has a facilities focus on the secondary has a program focus and you even alluded to the fact that you're going to wait till the elementary group finished before you started looking at program and the initial recommendations from that elementary test first actually didn't even want to go into the program area at all and so I'm kind of wondering because of the nature of the beast in terms of the amount of knowledge and expertise that's needed it almost seems like we need to realign the task forces so that the there's a there's a facilities focus that's k12 and there's a program focused that's k12 because it the I can't believe that your group is now going to take all the time and energy and effort that the elementary task force did on the inventory of classrooms and all of the additional vagaries of how to learn it just seems like it once you've looked once you've comprehended the terms and all the things it doesn't make sense you guys are going to have to gain expertise in the facility side and have to be able to make those type of recommendations so I mean like we've already done what we've done and we need to move forward with our recommendations but I'm if we're going to restructure this I would think we'd almost have two groups that were there's going to be overlap because at chicken-and-egg obviously but there's some it came up pretty clearly in the elementary workshop that once we started talking about these things they had impacts that went up the continuum so freedom for facilities me so yeah I'm just it's just an observation and you know we can and I'm sure the superintendent will deal with it an incoming things but the and the other option i will make is once again i don't like to say i told you so but the problem we're running into with these task force because is once again this whole disclosure issue yeah right now I'm really shocked I mean I'm to be really blunt I'm really shocked that we went ahead and we do this is our first update on the secondary options we've got a written presentation that's being distributed but you just named five or six options that are modular options in this district that would bring we would fill up this room if you talk about creating one high school or to two middle schools and that's the nature of these of these processes that if you guys are seriously looking at those options how do we engage the community in a way that gives them opportunities to engage in a transparent manner and to and all the other think that's the problem I'm having with this whole process is that it's it's all of a sudden going to be come on from high again so I'm once again just speak real careful about this we need to continue to try to be as transparent as possible any other question I like to one more facing you with regard to the this slide the options task force in the schedule again I since my questions been answered and this is the first option that's been adopted without board input the recommendations to the board in September will those include other are those all going to be programmatic options are they going to be our major charge in the one of our their first slides that shows our charge basically was really to develop high quality secondary educational program so it really it is a program focus and whether or not we align reconfigure schools or it all look through the lens of high-quality programs for students what's the best educational model and as as frightening as some of these do sound and what we did as part of our process of the five of us is we threw out all the ideas that we've heard and so we did an ishal brainstorm they came out to these ten ideas and then our process was taking a look at what are the strengths of it what what are the areas of need and more research that needs what questions who's doing this well out in the world and and then knowing that k 6 model for instance in a 79 and a 1012 reconfiguration most likely will not be feasible because of facility use that gets kind of checked off and pushed to the side we we looked at it and we knew that what it wasn't feasible we moved it aside we concentrated on something else one of our other options is looking at magnet programs across all three middle schools there's reasons and rationale for all of these that we have have set but yes I understand the context of how we have to communicate and hear from the broader baseball's that's why i said i'm happy to expand this task force at this moment in time share the pain and go out in the world and share it with others and get feedback like we always do and i'm finally to remember McMahon's point thee I appreciate I like this idea i think it's great i think it'll be great for shipment will be great for for any pathway from washington or patent or other schools but also if we if this does happen this could reduce potentially the need for facility increased facilities in other parts in other schools that are impacted right now there may be a second parent of a first grader and I may say well I'd like to go to Washington so I can have this katholieke chipman for my son so yeah it is too it's a it is a moving target along the way and we're doing this work all but hopefully we're doing it thoughtfully right with research and you know we want research-based options so and we're looking at good models out in the world and doesn't mean that is right for alameda either so there's the Alameda context how does it fit in our district I'd like to ask our student board members if they have any questions Alison I have two questions actually mentioned in the power point that you're going to increase the task number of task force members to 13 and 14 members are these increases and members going to be representatives from HS or install yes yes all all secondary schools will be represented ok and my second question is you presented an option that has basically attracted students to under-enrolled schools but are there any options that help alleviate I guess the crowdedness of oberon world schools like Alameda high school that's one of the main reasons why we're looking at this work is we have two high schools one has 1,100 students and one has 2,000 students and so if in designing a program for instance a tense no high school which would attract kids who are really interested in pursuing an environmental science pathway the go green concept for instance and Encinal high school is the school to go it may be open enroll it's open enrollment at Encinal high school and you may want to pursue that pathway and so it could lure and entice kids from alameda high school too and snow high school may be helping with that enrollment balance like just one more that I challenged the elementary task force I unfortunately you get stuck with it also is I'm not challenged enough obvious I'm just pointing out this is my right once again back to where i'm at is one of the challenges that we've had in the past when we had these meetings for budget cuts is we get to the point where we have the community meeting and we present the option and everybody goes well what do you mean the option because didn't you think about all these other options and the fact is it appears that this group is in fact got 10 options and they're narrowing them down and doing the things what they did is they ended up presenting all the options they explored and then had to document why they dropped those options so I would hope and expect that these 10 options would be published as quickly as possible as a prudently as possible and with the rationale so that people could actually say because the one that they dropped was the program option 2k5 and the feedback came back pretty loud and clear why are we dropping it so there may be honest you're going to drop that our facilities ones that we're going to go the communities don't go maybe not so I'm just that's that's my whole David and Debbie while I understand the need to proceed deliberately I would also submit that and what I also submit that agree that chipman was ready for something the very fact that ribbons as far as long as it is shows me and I have heard you know numerous places that there is a demand for moving faster so i would caution you not to let this timetable slip or ask to to keep pushing thank you thank you debbie just for just one thing in and this is so complex i realize like a kaleidoscope time you shake it it all comes a new little bit design so good um but in in terms of like the pathways when you're talking about ROP courses ROP courses i think students have to be 16 to enter them so you're talking about junior and senior year yes and so I mean I had this this then poses you have a program at Chipman and then you have 9th and 10th graders and that means you have to develop a whole new program because they're not really I mean you have a ROP potential program but then you have to do something so I realize everything it's yeah the other horizon is the career technical education which goes seven through 12 okay so and that's where there's money money there for our taking well I realized that all of this can be worked out but as each and i think Mike's idea of looking at both the whole pathway in terms of curriculum and then in terms of facilities and because what we are going to have to I will come to some some real barriers and blocks you know what if this then you can't do it this way that you have to do it this way and I think we just need to get a you know a clear picture as we focus in on the essential right elements okay thank you commentary we have a couple of speakers on this item first is Patricia Sanders hello again I just wanted to make a couple of points and you had asked about the teachers wanting to have input and most definitely at the elementary at least at our executive board level we have been asking repeatedly to have representation and have been anxiously wanting that and not only for ourselves but we think there should be representation of all the stakeholders and I and I am a little disappointed to hear some of what's been said tonight because when you bring stakeholders together at the beginning and I think this goes to your point and a point Mike that you made early on in the school year when the pathway to excellence was just being brought forward that you could do all this work and tasks forces and then you end up with ultimately you guys have to make the decision and I think if you bring people in at the beginning and you let them participate in the brainstorming and the pain of the process not to rubber-stamp what's already been decided by a few group of people but to come in and and generate the ideas you get buy-in you have the community involved you have the teachers involved you have the various different unions and associations involved and I know that's something that we feel we would like to have is that input to really be a stakeholder and not someone who comes in later on after the decisions have been made it doesn't make sense and I think that again i challenge the board to give direction that this be done differently than how you've done business in the past because maybe you have asked for input in the past but you end up with these meetings where people are very unhappy and I can already hear from some of what's gone on I I can go back to my members I know that there's going to be many who are going to approach me and say what do you mean this has gone on why is this happening this way why weren't we involved in the process and that so I I think you need to consider giving direction to the district to do things in a way that are much more inclusive and bring the stakeholders clearly to the table to be able to participate actively in process and then you're going to have what you want in the end you're going to have a community that's united behind something or at least has had the opportunity to buy in or say no we don't like this it in you know you do it up front instead of trying to put out fires on the backside so really that was the main point other than to really bring all the stakeholders and that includes not just teachers but the Association and CSEA all the associations in to what needs to be done thank you thank you Ron Mooney good evening mr. president board members so I actually sitting here tonight them excited about what I hear I've been involved in a school district that is one tenth of the size and the rework and the redesign that they've done and it takes years and a tremendous amount of resources to make that happen so my recollection as your superintendent rolled out this process in september-october certainly mr. McMahon the board member McMahon is right he's going to say I told you so and he's going to continue to say I told you so but that what you're grappling with isn't something that's a six month or a 12 month or an 18 month timeline I think what you're looking at is what are our public schools in this community going to look like over time and that work doesn't happen in a few months and and I heard that at this point in time is was when after some of the basic data got put out then more groups would be created and I think probably the one thing that isn't quite clear and that I would would hope that the board would would step up and take leadership on is more community workshops that are bored workshops where you sit there and say hey what do you want unfortunately it's going to be so messy it's like a city's general plan quite frankly and with very frankly with your lack of outside resources money facilitators to make this work we're stretching our staff are in our teacher so thin to ask them to do all this work but it's got to for the long run of the school and you know I daresay some of your board members won't be here when this work is done and in fact if you think about it on a long range cycle of inquiry I think this district is very familiar with is that process that you're doing but this is point in time I think it's wonderful that we're starting to look around and I hope that that instead of maybe using the phrase with with a little humor to the assistant superintendent of sharing the pain let's share the excitement and the passion and yeah it's going to be a little painful and there's going to be some arguments and and you know it's it may be in this televised setting was the first time somebody brought up well geez what if there were two campuses and one of high school and two campuses but that actually came up last June that in a public meeting where people start asking questions like that so people are asking people are excited about this process not necessarily that everybody agrees but but I hope you support your superintendent not only in our staff and doing it but also the school board starts holding public hearings and saying hey you know give us your input let's have some of the messy meetings and record down what you get and I would submit that it'll be very messy and board member McMahon will have a hard time keeping all the facts straight thank you we'll move on to the next agenda item G for budget development calendar for I'm sorry g3 governmental Accounting Standards Board statement 45 yeah how could I skip that one gas before I think I wanted to skip that one accounting financial reporting I have an audience to tell you how exciting that is for me good evening this is something there a couple of acronyms here that you've been hearing for a while now so this is going to be my opportunity to go into those acronyms with greater detail gatsby the Government Accounting Standards boards set standards for local and state governments on how we prepare our financial statements Oh peb is other post-employment benefits and I was actually recently asked a question of other than what it's other than pensions so pensions are a part of that total compensation package and we do set money aside for that anything other than pensions is what we're going to talk about tonight this is probably going to be the first of a couple of presentations on this topic my hope tonight is to provide you with enough of an overview so that when you receive the actuarial valuation you'll be able to get through it so it's we're not going to become masters out that this evening but that's the goal is just to give you enough information so that when you read it can make sense of it and then I do see one more presentation eventually swear we have to come up with a plan on how we're going to approach or implement Gatsby 45 in this district for our district we are set to implement Gatsby 45 in this upcoming fiscal year so a quick overview of what we're going to do I'm going to go over my favorite acronyms and then these are the four areas that I'm going to cover and most of it will be actually on the what will the aus do piece of the of the presentation all right I actually need to get one more um these are my three favorite acronyms Gatsby as I mentioned is the Government Accounting Standards Board they set the standards for us and those standards for our financial records are aimed at making public agencies accountable to constituents so the idea when they set a standard for us is to put us in a position where we prepare our financial statements and it's usable by a constituent so people should be able to read our financial records and know what it means these standards are not laws and Gatsby has absolutely no enforcement authority they cannot make us comply with any of their standards but to be clear we do indeed comply with their standards so while we're not required to it's not law we do indeed comply with them and the reason we comply with them is because Gatsby is seen as the the sort of one lb all for government and what are called generally accepted accounting principles or practices so these practices are checked every year by our auditors and if they're checked every year by your auditors you can be guaranteed we're going to comply with them our auditors are going to have a good probably going to add on a day to their site visit with us next year in order to be able to do this piece of their audit Oh peb as I mentioned is anything other than a pension and what I one of the points I want Estelle sort of start learning is that these benefits are benefits that are earned during employment and taken after retirement so every day that I come to work I am earning a benefit that I will not receive until after I retire that is true for every one of our employees and that is what Gatsby 45 is focused on is we have this expense that's coming along that doesn't actually check isn't written for it until the long term but it's an expense that incurs that we incur today you go back one for me Kathleen the intent of Gatsby 45 said question here is why was it issued historically governments have financed Oh peb on what's called a pay-as-you-go basis we receive the invoice we pay for it but that invoice is only for the current year so whatever we receive for that current year is what we're paying for the promise of the benefit from today is not is not shown anywhere and those unfunded liabilities are expected to actually grow pretty drastically so in this case what Gatsby has essentially determined is that our financial statements are incomplete we're only reporting a portion of the benefit that our employees are receiving we are not accounting for that future benefit that promise that we've made to them today they earn a benefit we've promised it to them it's in contractual language but it doesn't show up anywhere in our financial statements Gatsby 45 says you have to show that liability in your financial statements alright so why does this suddenly matter now obviously our financial statements have presumably been incomplete for many many years why does it matter now it matters now because the two variables which determine the cost of that liability a number of retirees and the cost of health benefits are going up so everyone knows baby boomers are going to start retiring so the number of retirees that we will see will start to increase I don't have to tell anyone that the cost of health and welfare is going up and has been going up at double digits over the past couple of years as those two things occur the portion of our budget that will be used to fund those retiree benefits is going to go up Gatsby Gatsby wants us to take that into account and start thinking about how we're going to fund for these two increases all right so what changes seemingly not that much benefits are still going to be earned during employment or every day I go to work I earn part of that benefit I won't receive it until after employment till after retirement the difference comes in when it's expensed so Gatsby determined that good accounting proc for good accounting practices the cost of a peb should be recognized when the promise is made when it's earned not when you actually pay it off which is many years down the line so the new standard that last line shows does not require us to fund that liability there's no requirement for funding it and as I mentioned before Gatsby doesn't have any enforcement authority over us there are however some pretty quick ramifications to not funding which I'll discuss a little later on but it is it is not required to be funded so what are we currently doing to implement Gatsby 45 our first step is to hire an actuary which we've done the actuary has actually completed the valuation and I have a copy now of a draft report and the two variables that I've included up there the benefit program and the people i've included because those are the key pieces of data that determine the cost and liability of our a providing a peb when this step is actually complete and we have a final report our actuary will present that to the board and we're going to get a sense of some figures and once we learn what our liability is we're going to have to take a look at what assets are available to pay for that liability and just to prepare the board and the audience say this once and i'm going to go visual here when we get the results of step number one it will be a liability somewhere up here when we take a look at the results of step number two our assets are going to be somewhere down here our plan our number three is to figure out a way to make them match up chances are the number we get as a result of the actuarial valuation is going to be a pretty unfriendly number any questions we have an order of magnitude it will be in the millions I'm hoping not the tens of millions and I say tens plural we could hit the 10 I'm hoping out on the tens of million okay these three terms here are going to be in the actuary report and not the easiest concepts to understand but very important concepts to understand those are going to be three numbers we're going to see and that are going to be very important in how we think about what we're going to do about our liability the first actuarial accrued liability at the AAL you can think about this figure as the value of 0 peb that's already been earned so the value of 0 peb that was generated last year year before that year before that and just keep going on it's that history of benefits that we've been promising it's the value of that that will be and what I'm hoping is the 10 of millions and not the tens of million the annual OPEC cost represents I don't think I can explain this one without telling you how it's calculated so think of it this way every year we write a check for benefits so if you take the value of the check we will write next year the check will write the year after year after that and keep going down the line so that cash flow those checks we write and then we discount it for the present value it's the present value of all that cash that it's eventually going to leave our district to pay for those benefits so I quick and it might be wise to get get the border and the definitions of these but save you going through this again but on that annual oh babe cost is that then presented as one figure or as a figure for each year it's a figure for each year so the value of that cash flow those checks written this year and we'll do it next year and the year after and if annual Oh pepco does it make sense right now I think with the next definition it starts to become a little clearer the annual required contribution so this is the dollar amount that we have to write out based on meeting the actual Gatsby 45 requirement so it becomes that amount that we have to pay off this year that check will write this year is going to include two components a normal cost and the accrued liability so it means next year when we have to comply with this I'm going to write a check that check is going to be for the current year expenses plus I have to start paying off that unfunded liability that was generated from before so next year I'm going to have to pay for that year's worth of services when Debbie goes to work from July 12 jun 30th we're incurring a liability for those benefits that we will owe her that promise so next year I have to write a check for that value of that promise plus I have to start paying off all that money that I owed for the year before and the year before that and the year before that we have to sort of what what Gatsby 45 is going to force us to do is keep up with the current so we don't go behind plus we have to start to amortize the prior years so we have to pay up a little bit out of time of all that prior year liability that we've accumulated just never shown anywhere have I lost everybody just a question given that most most of us baby boomers already understand that Medicare is going to bankrupt our system before Social Security does because of some of the assumptions that are involved there are some big assumptions in the calculations one is life expectancy one is the expected increase in health care costs third one is obviously the discount rate to get to present value how much input a negotiation power do the district / counties have and working with the actuaries and determining that liability or do we just take what they say as gospel and then allocate it that's a great question i want to say it to make sure everyone heard it there are a lot of assumptions that go into building at these three numbers that are very important to us that are going to tell us how we're going to make a plan and how to fund so if we think about my interim report so I give you about four pages worth of assumptions and that's not even all of the assumptions this is many more pages of assumptions some of them are based on the people some of them are based on the program we provide some are based on economic factors so those assumptions are not taken as gospel we have some recommended assumptions that come from CalPERS CalPERS is the organization from which we purchase health and welfare benefits we purchase our health and welfare benefits through CalPERS CalPERS has a set they have to figure out every year what their unfunded liability is they have a set of assumptions about what age the participation rate they have many many assumptions all those assumptions are spelled out in the report and I wouldn't call it and negotiate necessarily that we do with thee with the actuary the the charge I assigned to them when we started this was to take our data and then build assumptions based on that data I wanted the assumptions to reflect our real life experience other districts that I've whom I've been in communication with I know started with let's talk about the assumptions I do not believe you can develop assumptions without first looking at the data and the assumptions that I wanted included in that actuary study should be based on our real experience and not based on a numbers that will get us to the right place ultimately Thank You Tracy well you kind of answer one my first question if liability isn't shown in our financial statement how do we account for the financial expense and then you showed the slide what will change provides that the liability occurs in the current year and so to that and how can in this kind of suit to on the president's question as well how can the liability be estimated for future years if we don't know the rate of inflation we don't know the change the increase in health benefit costs etc assumptions are made about what those increases will look like from coming from the state I guess um some yeah actually from CalPERS is one the other is from our actual it there Alameda specific so for example and when we have them look at the increases in health and welfare let's do that one there's a difference in what that increase looks like if you live on the northern part of California then if you live in the southern part of California or if you live in Iowa these are very different assumptions because you're experiencing different increases so the actuary will take into account what happens on this part of the country because everybody has to follow gasba 45 it's not California specific this is everyone all state and local governments are doing this are they taking into account we're all retirees are again are getting their benefits I mean or is it just kind of a generalized the number of our retirees and the proportion of benefits it's a great question when we started the actuary study we had to provide two pages worth of single spaced data at a very long list of data that they needed from us in order to be able to come up with the study that data includes census data which says here are all of our employees here's where they are currently in the salary schedule here's their hire date and here's what our retirees look like it spells it all out all the way down to four our retirees they know which ones are purchasing health and welfare through CalPERS which ones live in Nebraska and what system they're purchasing it from it's very detailed data and of course you have to take that data and you make assumptions from it but they did take extensive data um and is there have you thought about or calculated the point when we will be in compliance and we won't be paying no longer paying for current expenses and we will be only paying for future liability I don't have the final figures yet on these amounts but that'll be a big amount but the timeline I guess you know what like 10 years right that's going to highly depend on how we go about addressing this liability which I'll speak a little too more a couple slides down but it really depends on how we approach it there are several ways we can look at this liability and what we choose to do with it thank you let me interrupt the segway for sale so all these assumptions that are going into generating this a RC are they updated annually and so each year at some point during the year we get a new a RC number that's a very good question it's actually not every year it's every two years every two years we have to do a new valuation so that's a new ongoing cost for the district to meet this requirement so every two years we will have actuaries here and they're going to take another look at what's happening so it's always a current figure thank you is this another unreimbursed reimbursable cost it's they're not even attending to reimburse it so there's no over 10 no pretending on that one hard just curious okay all right step two is to identify available assets to fund that liability and just as a reminder to the board and for the sake of the the audience we currently operate on what's called a pay-as-you-go basis so we only pay for the current cost of providing a in the current year we have not set aside dollars specifically to pay for this liability as a reminder we do have 1.08 million dollars set aside as part of the mandate cost reimbursement for the potential of an audit the audit window will close a next fiscal year which is when we have to comply with this for purposes of calculating Oh peb or what's called an employer contribution to meet a pub Gatsby has been very narrow a very narrow definition about what we can count so they've pretty much come down and said you have to really set aside real money can't be an intention can't be an earmark it has to be handed over check written and hand it over to someone else as in a trust in order to count toward meeting this liability so they actually even further narrowed it down because the board for Gatsby is made of city and state officials and I think they knew what all of us would do to meet this liability and so they specifically came down and said you cannot earmark dollars so we cannot set aside a portion of our fund balance and say this is 40 peb that will not count toward meeting this liability and the thinking in that case is setting setting money aside that way only means we intend to use these assets to finance that liability they don't want an intention they want is to take the dollars and set it aside so it's protected from what is that the line it's a protected legally from any creditors vote for the employer it's real money really set aside no options and how does this money get invested is there a pool county cool is there a great question which I would love to hold off into my next slide and because it does there's there some possibilities here no more questions on this one the third step is to match our assets with our liabilities so you're asking about pre-funding so if we put money aside and weep refund that liability we just acknowledge it's a liability it's a promise we've made we're going to eventually have to pay it off let's start setting money aside for it we as a government agency are very limited in the types of investment strategies we can follow if we pre fund we have to write a check put it in a trust for example our investment strategies actually become a little more flexible so whereas government never we would never assume an interest rate above five percent if you go and pre find to put the money aside in a trust you can possibly get an eight percent return on your investment plus the interest earned on it so there is the pre-funding option is being shared by note every meeting I go to it's the one that we're being recommended to go and being guided along that way and that's for several reasons and it one it's going to be harder on our cash that's going to be a bigger check we have to write in any given year in the short term but eventually we keep writing those checks will start earning interest on it will have investment earnings on it so that hopefully in the long term we're not writing such big checks it's also much softer on our light on our fund balance so we if we do not pay for that liability our net assets will go negative because that o peb liability will show up as a negative net asset creditors do not like negative net assets the pay-as-you-go option will get us down that route pay-as-you-go without a doubt is easier on our cash in the short term it's easier to write a check for the six hundred thousand dollars than it is for the same ilion plus dollars that we might see a bill for when we have when we implement Gatsby 45 but we are going to suffer in terms of what this might mean for our our credit and of course if we don't have a good credit rating our cost of borrowing dollars will very quickly go up the non funding option want to touch on a little bit gatsby 45 this will be the first year where folks have to become compliant with it one of the options for not funding is our non funding not not funding non funding is to issue debt called a peb bombs bonds that might have been afraid I don't I think that was subconscious Oh pipe bonds and I it's it's an int what I've read so far on it is interesting I I don't know where I will land on recommending it without some additional research but um it's interesting and it looks like some of the large school districts like LA are considering possibly going down this line the one piece I do have to point out about that these different options is with pay-as-you-go just philosophically if you think about it it's it means that you're going to be using future year dollars to pay for promises we made last year and the year before obviously that their goal is always to tie current year dollars with current your expenses you want that time alignment and I'm not sure Oh peb bonds will actually get us there either that's probably more of a personal opinion than a CFO opinion I just have a comment that the au pair bonds basically we we can issue them and we basically issue them at a municipal tax free rate and we're basically arbitrage the investment return we expect which should be theoretically above the tax free rate and hopefully the excess return will more than compensate for the risk that we're taking but that's a timing issue and it you know it can work for counties and states that generate tax revenue and have tax taxing ability I'm not sure that we since we are subject to state and federal payments that are not under our control that that is similar nature and so I'm just wondering as a school district are we in the position to be taking those types of risks good I sort of mentioned earlier i'm i'm not so inclined to based on the research i've done you mentioned the sort of that you sort of hope for those arbitrage earnings and as a school district as a public entity we're not allowed to earn them any amount over what any amount any arbitrage earnings we have to write a check right back to the federal government to pay for it so we can't even take advantage of that oh great thank you yes it's it's an interesting idea I'm waiting to see if la actually takes a look at it but I don't see immediate benefits for it and I think the timing is quite inappropriate alright so next steps for us are going to be to have that presentation by our actuary well you're going to get to see those three numbers that i discussed earlier those are going to be three very important numbers for us depending on the size of those numbers and i'll do my research and bring back to the board options and recommendations for how we go about matching that liability to the assets to make sure that we stay fiscally solvent and on good financial ground ok any questions David question that may be timely do charter schools have to be Gatsby 45 complain yes charter schools are public schools and as such there'd be required to meet that guideline and so in a oversight capacity it's fair to ask charter schools what their Gatsby 45 plans are they on the same timeline as us given it yes they are apart any of our charter schools are part of the district and so their work falls in within the same time frame as ours so by the end of this fiscal year we need to know what charter schools Gatsby 45 plans are is that is that fair I think that's fair okay thank you and and so you'll communicate that to them if you haven't already I will thank you any other questions okay thank you very much [ __ ] you we'll move to the next item G for budget development calendar for 2008 2009 not that not the budget oh good evening all right the budget development calendar is a tool it's not a requirement it's a tool we use and develop every year to outline a timeframe for ourselves so that we know what actions need to be taken who's going to be responsible and what the time frame is to ensure that we have a budget ready for adoption by june thirtieth which is a requirement and i want to point out that today the governor did a what is called the State of the State address and two days from now in January tens he's going to present his proposed budget for the state so his proposed that governor's proposed budget for the state is our source of revenue this state has announced 14 billion dollar structural budget deficit that means they're spending 14 billion dollars more than they're making in revenue so they're in the process of thinking about how they're going to actually reduce let's sex I don't think they're making plans to eliminate but plans to reduce that deficit on Thursday we will hear how the governor plans to go about doing that at this point there is much serious conversation about possible reductions in the current year and reductions in the following year of course at this point it's all conversation and speculation I think it's important for the board and the public to know that the state has recognized a 14 billion dollar budget deficit and let's say in terms of in hopes of being responsible are making plans on how they're going to address that shortfall so our calendar currently has all of those major points in time and the major tasks we need to come we need to complete in order to have an adopted budget depending on what comes forth on January 10th we may need to add to this timeline in case there are additional meetings we need to have depending on what exactly the state releases on Thursday just add actually for you guys because this is new for you the state the governor gives this proposed budget on January 10th come May the governor will provide his revision to that so there's a lot of room for change but we always have to develop our budget based on the best information available at any point in time okay any questions Mike for the public the the comments you made about the current year reductions would mean the money that we were promised to be received for this year in other words are 5777 dollars per student funding could potentially be cut this year even though all of our expenses are basically locked and loaded and we have until typically under normal budget reduction cycles februari 28th when we have to adopt recommendations so if for example on the 10th a Thursday there's a recommendation to reduce the current level funding for this year which would necessitate a budget cuts will be able to react fast enough in this fiscal year to enact those budget cuts and fortunately not by the time the governor gets around to announcing his plans on January 10th we have spent half of our fiscal year we make plans based on what the state indicates they're going to fund us we spend according to those plans there is no way for me to go back and take a portion of everybody's paycheck what's done is done we've made promises we've made commitments we have obligations and we would go forth usually the mid-year spending reductions are the most difficult to implement because they're in the middle of the year you've already made your plans for the year you've spent at least half of it so going in and changing course of action that quickly is very difficult to do we have requirements about when we can reduce staffing we have requirements about win column requirements but we have very clear guidelines about what we can do in terms of our programs and how we can make changes to our programs we have a lot of compliance requirements that we cannot adjust so changing in the middle of the year is a very difficult task and what most school districts actually what most public agencies end up doing if there is Mindy a mid-year reduction is take the blow and then implement freezes which means if you have a position becomes a vacant and you can leave it vacant for the balance of the year then you try to do that that's pretty hard on staff that's pretty hard on the folks we serve I mean can you imagine having a classroom a teacher resigns you have to fill it there's nothing else you can do you have to fill that position so we don't have that sort of flexibility to cut back in it in a quick fashion yeah we're not we're not private sector that can make adjustments easily here and there to their budgets to accommodate a mid-year spending reduction so it would be very very tough and freezes that we could implement are usually on the non-personnel sides and non-people side and again most of our expenses are are locked in place we have to pay for utilities we have to pay for insurance we have to pay for our audit we have to pay for our financial where there's no one doing that mid-year spending reductions are very very tough on public agencies including school districts and so that would then require us to cut more from next year that's correct and that would require some very quick decisions to be made before the middle of March yes can't make them any other questions thank you for that blunt very welcome when you do approve that yes we do you need a motion to approve the budget development calendar move approval of the budget development calendar as submitted I'll second the motion okay we have first motion and second all those in favor aye next time we'll move the soon board member reports so that they can get home at a timely hour Allison would you like to lead off I good evening before winter break basically all leadership has been doing is focusing on fundraising for our charities and our annual fundraiser during the winter season is called we share which is where leadership students go around to each classroom in the school and solicit for or donations to help less fortunate families and this year we got forty four hundred dollars which is a little less and last year but pretty good nonetheless we also had our winner assembly two weeks before winter break and it went well we also got a lot of donations for Toys for Tots bin as well and Red Cross was sponsoring that and several students went to volunteer to hand out toys for tots at Christ Church but in other news speakers and representatives from Yale University and Fashion Institute of Design and Merchandising will be visiting the alameda hi and speaking to prospective students on january 10th mock s80 sponsored by the avid class will be held februari second for juniors who or underclassmen who are planning on getting more practice for SATs a college financial aid workshop will be also held January 10th in the pit after school and we're expecting a lot of seniors for that our semi formal our annual semi-formal dance winter balls as sponsored by the sophomore class will be this friday at the o-club and our annual musical fiddler on the roof which this year's fiddler on the roof auditions will be held on wednesday and we're getting that under your way also happening this Wednesday is the peace of mind club will be sponsoring all they've asked an Iraq war veteran to come and speak on behalf of his experience and and his ideas basically and we're going to have that during lunch on Wednesday as now leadership is just brainstorming up brainstorming ideas for the new semester seniors are currently filling out fafsa and everybody is preparing for finals in the new tip neither the next two weeks thank you good evening everybody um I start off with the Angels in America which is our next play directed by English teacher Gingka hain it'll be coming to NC else cafeteria showtimes are January 25 26 and februari first and second at 7pm also 8th grade information night is on January eighth we will be talking to the eighth grade students from chipman wood and lincoln middle schools and showing them what a wonderful school and snow is we will also be inviting the eighth graders for tours of n Sinell would start to tuesday following the information night and also as you heard earlier décadas still fighting for to have their students store reopen this program gives the marketing students the hands-on experience that teaches outside of the textbook this store also provides a source of fundraising that most extracurricular programs don't have as a result of the Wellness Policy deco will continue to fight for the real opening of the store also I would like to end by congratulating the in snow basketball team who had a huge win when their tournament in Hawaii over the Christmas break so congratulations to them and that's all I have thank you very much you're welcome to stay and do you like you have the next next item might be a little while mr. chair yes I'd like to UM through the chair I'd like to ask the superintendent I'm given that we have a large number of speakers and it would be given it that there are two items that of a lot of interest both the technology report and the charter school report the superintendent daily would it be would it be okay is there any urgency to the technology reporter could we post on that to a next meeting and begin with the a CLC report and and give it its due time and interest in I think emotion that we defer the technology report to a later date we have a motion do we have a second I'll second the motion okay motion and second all those in favor please say 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Length

Histogram of lengths of the category

Value	Count	Frequency (%)
the	15793	4.5%
to	11439	3.3%
and	9984	2.8%
that	8570	2.4%
i	6623	1.9%
of	6583	1.9%
a	6532	1.9%
you	5359	1.5%
we	4964	1.4%
is	4491	1.3%
Other values (16711)	271415	77.2%

Most occurring characters

Value	Count	Frequency (%)
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e	165797	8.3%
t	146651	7.4%
o	121256	6.1%
a	113155	5.7%
n	100192	5.0%
i	95556	4.8%
s	81417	4.1%
r	76170	3.8%
h	74013	3.7%
Other values (75)	620952	31.2%

Most occurring categories

Value	Count	Frequency (%)
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Space Separator	393144	19.8%
Decimal Number	81969	4.1%
Uppercase Letter	50187	2.5%
Other Punctuation	34977	1.8%
Open Punctuation	14626	0.7%
Close Punctuation	14626	0.7%
Dash Punctuation	658	< 0.1%
Connector Punctuation	54	< 0.1%
Currency Symbol	21	< 0.1%

Most frequent character per category

Lowercase Letter

Value	Count	Frequency (%)
e	165797	11.9%
t	146651	10.5%
o	121256	8.7%
a	113155	8.1%
n	100192	7.2%
i	95556	6.8%
s	81417	5.8%
r	76170	5.4%
h	74013	5.3%
l	52487	3.8%
Other values (20)	371330	26.6%

Uppercase Letter

Value	Count	Frequency (%)
I	7519	15.0%
S	6674	13.3%
E	6023	12.0%
C	5077	10.1%
A	3512	7.0%
N	3453	6.9%
P	3374	6.7%
D	3312	6.6%
O	3078	6.1%
U	3002	6.0%
Other values (16)	5163	10.3%

Decimal Number

Value	Count	Frequency (%)
0	37763	46.1%
1	8524	10.4%
2	6919	8.4%
4	6308	7.7%
5	6073	7.4%
3	5527	6.7%
6	3174	3.9%
7	2889	3.5%
8	2565	3.1%
9	2227	2.7%

Other Punctuation

Value	Count	Frequency (%)
:	23452	67.0%
'	10531	30.1%
.	762	2.2%
,	151	0.4%
/	33	0.1%
&	17	< 0.1%
;	17	< 0.1%
%	8	< 0.1%
?	3	< 0.1%
@	3	< 0.1%

Open Punctuation

Value	Count	Frequency (%)
{	11726	80.2%
[	2900	19.8%

Close Punctuation

Value	Count	Frequency (%)
}	11726	80.2%
]	2900	19.8%

Space Separator

Value	Count	Frequency (%)
	393144	100.0%

Dash Punctuation

Value	Count	Frequency (%)
-	658	100.0%

Connector Punctuation

Value	Count	Frequency (%)
_	54	100.0%

Currency Symbol

Value	Count	Frequency (%)
$	21	100.0%

Math Symbol

Value	Count	Frequency (%)
+	17	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	1448211	72.8%
Common	540092	27.2%

Most frequent character per script

Latin

Value	Count	Frequency (%)
e	165797	11.4%
t	146651	10.1%
o	121256	8.4%
a	113155	7.8%
n	100192	6.9%
i	95556	6.6%
s	81417	5.6%
r	76170	5.3%
h	74013	5.1%
l	52487	3.6%
Other values (46)	421517	29.1%

Common

Value	Count	Frequency (%)
	393144	72.8%
0	37763	7.0%
:	23452	4.3%
{	11726	2.2%
}	11726	2.2%
'	10531	1.9%
1	8524	1.6%
2	6919	1.3%
4	6308	1.2%
5	6073	1.1%
Other values (19)	23926	4.4%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	1988295	> 99.9%
None	8	< 0.1%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
	393144	19.8%
e	165797	8.3%
t	146651	7.4%
o	121256	6.1%
a	113155	5.7%
n	100192	5.0%
i	95556	4.8%
s	81417	4.1%
r	76170	3.8%
h	74013	3.7%
Other values (71)	620944	31.2%

None

Value	Count	Frequency (%)
ê	3	37.5%
é	2	25.0%
á	2	25.0%
ó	1	12.5%

channelType
Categorical

Distinct	4
Distinct (%)	2.1%
Missing	0
Missing (%)	0.0%
Memory size	7.1 KiB

MEDIA	119
INDEPENDENT	43
OFFICIAL GOVT	19
UNKNOWN	12

Length

Max length	13
Median length	5
Mean length	7.2487047
Min length	5

Characters and Unicode

Total characters	1399
Distinct characters	18
Distinct categories	2 ?
Distinct scripts	2 ?
Distinct blocks	1 ?

The Unicode Standard assigns character properties to each code point, which can be used to analyse textual variables.

Unique

Unique	0 ?
Unique (%)	0.0%

Sample

1st row	INDEPENDENT
2nd row	INDEPENDENT
3rd row	INDEPENDENT
4th row	INDEPENDENT
5th row	INDEPENDENT

Common Values

Value	Count	Frequency (%)
MEDIA	119	61.7%
INDEPENDENT	43	22.3%
OFFICIAL GOVT	19	9.8%
UNKNOWN	12	6.2%

Length

Histogram of lengths of the category

Common Values (Plot)

Value	Count	Frequency (%)
media	119	56.1%
independent	43	20.3%
official	19	9.0%
govt	19	9.0%
unknown	12	5.7%

Most occurring characters

Value	Count	Frequency (%)
E	248	17.7%
D	205	14.7%
I	200	14.3%
N	165	11.8%
A	138	9.9%
M	119	8.5%
T	62	4.4%
O	50	3.6%
P	43	3.1%
F	38	2.7%
Other values (8)	131	9.4%

Most occurring categories

Value	Count	Frequency (%)
Uppercase Letter	1380	98.6%
Space Separator	19	1.4%

Most frequent character per category

Uppercase Letter

Value	Count	Frequency (%)
E	248	18.0%
D	205	14.9%
I	200	14.5%
N	165	12.0%
A	138	10.0%
M	119	8.6%
T	62	4.5%
O	50	3.6%
P	43	3.1%
F	38	2.8%
Other values (7)	112	8.1%

Space Separator

Value	Count	Frequency (%)
	19	100.0%

Most occurring scripts

Value	Count	Frequency (%)
Latin	1380	98.6%
Common	19	1.4%

Most frequent character per script

Latin

Value	Count	Frequency (%)
E	248	18.0%
D	205	14.9%
I	200	14.5%
N	165	12.0%
A	138	10.0%
M	119	8.6%
T	62	4.5%
O	50	3.6%
P	43	3.1%
F	38	2.8%
Other values (7)	112	8.1%

Common

Value	Count	Frequency (%)
	19	100.0%

Most occurring blocks

Value	Count	Frequency (%)
ASCII	1399	100.0%

Most frequent character per block

ASCII

Value	Count	Frequency (%)
E	248	17.7%
D	205	14.7%
I	200	14.3%
N	165	11.8%
A	138	9.9%
M	119	8.5%
T	62	4.4%
O	50	3.6%
P	43	3.1%
F	38	2.7%
Other values (8)	131	9.4%

A simple visualization of nullity by column.

Nullity matrix is a data-dense display which lets you quickly visually pick out patterns in data completion.

The correlation heatmap measures nullity correlation: how strongly the presence or absence of one variable affects the presence of another.

First rows
Last rows

	st_fips	state_name	place_name	place_govt	place_Pres_dem2pv	place_Pres_dem2pv_last	place_Gov_dem2pv	place_Gov_dem2pv_last	place_House_dem2pv	place_House_dem2pv_last	place_Sen_dem2pv	place_Sen_dem2pv_last	census_2010_pop	census_2010_pop_est	census_2015_pop_est	acs_2018_white	acs_2018_black	acs_2018_hispanic	acs_2018_pop	channel_id	channel_title	vid_id	vid_title	vid_desc	vid_length_min	vid_upload_date	vid_views	meeting_date	caption_text	caption_text_clean	channelType
0	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	JSTYbP5HvZQ	League City Council Meeting for November 14, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	155.916667	2011-04-25	8	2006-11-14	{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	{00:00:21} tell me when okay fellas were up good evening we will convene the City Council of the City of League City regular meeting November 14 2006 at 6pm call roll Jerry Schultz here Ted Nelson Mike Barbour prison Tommy combs here Chris amazon fair Phyllis and born Sean kini Jim Nelson item number two is the invocation pledge of allegiance to the US flag and the pledge of allegiance to the Texas flag the invocation tonight will be given by pastor Jerry Hatfield of turning point church so if you'd come forward if everybody would stand please and this would be a good time to turn off all phones and pagers let us pray together father God we come to you in the name of Jesus thank you for this this group this council the mayor or God you've given them great responsibility we've elected them into this position and there to lead our our city our community thank you Lord for them I ask you to bless them with wisdom and guidance tonight Lord you you are the foundation of all our laws foundation of our morality and lord I just ask that you just be in charge of everything that goes on tonight so that there's a spirit of cooperation and peace in this place in Jesus name I pray amen I pledge allegiance to the Wyatt the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all Arlen Texas flag what is legion suit okay before we move into item number three I want to just remind the council tonight that we only have five members so if anybody does have to leave the room for any reason we'll have to take a short break during that time because we'll lose a quorum and it may or may not be a long agenda and if so we will take an appropriate break and a couple hours if it runs that long okay thanks moving into item number three the approval of minutes we have October fourth workshop and october 10th regular meeting are there any changes to these minutes hearing none of these ministers so approved item number for presentation of a proclamation honoring mr. Sidney match it for his 25 years of volunteer service to the city this was put up by Councilman Jim Nelson this mr. match it here as he has come forward city now read this to you city of League City office of the mayor proclamation whereas in 1981 after a first-hand experience with the dedication and bravery of our fire department Sidney matchett responded to an advertisement asking for donations of equipment to the league city civil defense department and whereas in 1981 Sidney match it received an invitation from the civil defense director denny holt to attend a meeting of the league city civil defense department and whereas since april of nineteen eighty-two Sidney match it has been a volunteer for the city of League City Division of Emergency Management 24 hours a day seven days a week and whereas during his tenure as a volunteer for League City Sidney match it has helped in a variety of capacities including an all-night collection of non-perishable goods for ponderin refugees responding to nearly every major fire in the city helping with the recovery of bodies assisting in the emergency response sent to major crashes and most importantly serving as a Division of Emergency Management assistant coordinator and whereas serving as the assistant coordinator of the Division of Emergency Management in the areas of mitigation preparedness response and recovery City match it has been an indispensable asset during every major tropical storm and hurricane that has threatened League City and whereas City match it has completed extensive certification and training for both emergency response and Emergency Management and whereas in addition to his volunteer work from nineteen eighty eight to nineteen ninety-six Sidney majid also served League City as one of three rotating municipal court judges and whereas Sidney magic continues to serve the league city community as a division of emergency management operations officer and radiological officer and also as a senior citizens advisory committee member board member and whereas city matchett has been recognized for his dedication and service to the city of League City and the cause of emergency management of our organizations such as FEMA TX DPS rotary the Red Cross and the league city municipal court now therefore i gerald by virtue of the authority vested in me as a seventh mayor of League City do hereby proclaim November 14 2006 as a day of recognition for the 25 years of volunteerism and service that city Magic has generously given to the residents of League City and witness there into he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the 14th day of november two thousand six up here is this huh is that all you said not to its own see Thank You mayor and council for this honor and thank you for your support down three years a couple of you have been on council for a while and but anyway I thank the city for the support they've shown emergency management the past years and when I thank you for support i know you're going to give us in the future years especially want to thank you for that lovely facility your price provides pours down there in dickinson avenue at 1505 I know if you all been done or not to see it but it's a we share with line repair I want to thank you very much for that it makes a lot easier for response also his my wife here well my grandson's staying with us they got home late and he got home late and she's probably decided stay home watch on TV but I want to say thanks to her because there's many times over that 25 years that something would go down about the time we're going out for a meal special on saturday night and we get the have to turn around go back home and i sent her to a fast food place in during the night all hours a night when you respond emergent situations you never know so she put up with a lot over the years and i really appreciate it very quickly i'm not going to make a speech but i would like to recognize the couple of other members that work with this on emergency response scott crawford stop for is to add soon as you know he works for the city but he also works with us and we're glad to have Scott I don't see it we have Wayne Lewis Tyler Barnett Robert Kelly I believe their workings of their our ratings are hammer is r1 back excuse me Robert I forgot you telling late rubber killing except when we need you on radio operators or ham radio operators Chuck Rosen he's your supervisor ham radio operators Tom Davies and Ron Charmin and Bill cheatham cheatham Connecticut and I said your wife and the grandson came in you can thank her again though anger against it yeah yeah I just wanna say thank you for all you put up with over its 25 years I was telling them about how many times we start off dinner stretching on Sarah night and have to cut it short you got a call on radial and half of the back to the emergency response thank you for that for all you put up with them any time get up during the night or is enough going out there for some kind of a virgin situation and this thing and that's my grandson Aaron the same with us and thank you again for this prospectus it thank you thank you so much Sydney that is that is just exemplifies the type of citizen volunteers that we have in the city and just part of just a part of what makes this city so great item number four be presentation or liability equity by mr. Larry Burnside field service representative for Texas Municipal League intergovernmental risk pool mayor and council my name is LR Burnside I'm field service representative for the Texas municipal the Intergovernmental risk pool you have before you a letter addressed to your human resources manager joint almond and a flyer there that discusses the equity return I we've done at this time presented check to miss Hallman Corp twenty two thousand one hundred fourteen dollars which represents a eleven percent equity return that made a see you George that's made out to the city man now our results have been better than we anticipated and your losses are within a range that entitles you to a nine percent equity return and a longevity equity return of two percent for eleven percent so congratulations free to you all for for that excellent result and thank you for participating with the Texas Municipal League inter-governmental risk pool 2600 other local governments have chosen to provide get their workers compensation liability and property coverage through this risk pooling mechanism and including every city in Paris Galveston brazoria and all except one and Fort Bend County and that little city doesn't have an answering machine and hasn't responded to their mail so as soon as I can get them off their tractor to talk to me I'm sure they'll want to affiliate with us too now this is not the first time we've returned equity to you so at this time I have another document that shows at the bottom line we've returned to the city since 1993-94 213,000 482 dollar so we take one and pass it around I know y'all have a pressing agenda thank you again for your participation with the pool if we can ever be of service to you please let us know congratulations is there a question comment or concern I just have one question how many cities received the fifteen percent you know I don't have that number of that have my head I've been told but I can't repeat it for you it's in my area there's a problem I signed about 400 members there I'd be guessing if I told y'all get back home yes they'll be fine thank you very much if you could just get back with Miss almond and chill for it to me okay thanks Thank You Larry thank you item number five public hearing and action items from public hearing there are none item six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding as time to another person state law prohibits the mayor and members of the City Council from commenting or any on any statement or engaging in dialogue without an appropriate agenda item being posted and accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of privileges and expulsion from the council chambers and our first speaker tonight is Shawn arena good evening mr. mayor council and staff my name is Shawn arena I'm a resident of leaked city and i'm also a city employee as well as the president of the League City Police off Association I want to speak tonight about employee benefits and he'll share it health insurance due to counsels recent talks of raising increasing the amount that employees pay towards their health insurance it is customary in this area and many others for city employees to receive health insurance as a benefit governmental workers take jobs at lower wages because of job security retirement and a solid health benefit plan many of the city workers at leak City work at very low wages it would be forced to choose between paying for their own health insurance or providing for the families our employees took their jobs relying on these benefits and their ability to provide for their families throughout their entire careers these are not part time jobs for these people they are career employees who serve our citizens at a time when the city is having difficulty recruiting and retaining employees a two-tiered benefit plan has talked about since mixed signals to your non civil service employees and ultimately works against the city for future hiring recruiting and retention efforts there has been discussion about specialized quote specialized positions and the police department is not the only specialized position within the city no one in the city in the police department is a computer programmer a wastewater expert a street designer for a payroll expert we are up we are Public Safety Specialist cost of insurance is obviously directly related to claims city officials even elected city officials in league city are afforded the opportunity to be covered by the city's health insurance I have researched the city employees claims of on our insurance over the past one and a half years and have discovered that one of the largest claims came from an elected official not a career employ I encourage in the interest of open government during councils opportunity to report we'd like to give you as our elected representatives the opportunity to disclose whether you are covered under our under the city's health insurance policy I'd like to give you example in the city of Webster Webster pace of webster city employees pay $72 to cover his entire family during a month all i'm asking mr. mayor and council is for you to support your ploys who support the citizens elite city thank you thank you sean the next speaker is dr. Ron Jenkins mayor and city council of the time dr. Ron Jenkins I am a resident of League City and I come here tonight to tell you that you know that we're a relatively brand new church in this community one of our desires in this community is reach out to our community to do different things give back to the community as the community to give us an opportunity to be here we're certainly plan on doing several things what they were looking at do it is have your Easter service at the big league dream in April but this coming weekend I wanted to share with you one of the things we're giving back to our community and that is in the form of a speaker we have a guest speaker this coming Sunday by the name is John popper and you have a little flyer in front of you there Don popper is a person has been really all over America all over the world speaking about his book 90 minutes in heaven as a recent this morning is on the Today Show and he's been on several television shows talking about his book it's really a great opportunity for our citizens to be a part of that and to hear that and to be a part of a man bunnymund Don Piper had this experience to where he actually actually died and came back to life he tells about that experience so I'm here tonight to invite you to that we meet at Harlem entry we made at ten o'clock on sunday morning and hyoma trees on 3,700 foreign market 518 and I think it would be a good event for all of our citizens of here and also after that to make it a wonderful event we're going to have a meal provided for everybody at no cost to you so if you'd like a good working service at ten o'clock sunny morning would love for you to come thank you for giving me opportunity and by and i'll catch the foot of floor in the back of the room here and i like to pick it up I thank you dr. Ron and I will publicly say that I've been to one or more your services and you're pretty good from the pulpit yourself so I'm sure if you're bringing somebody in it must be very very good so thank you so much the next speaker is Levine Holland it that's a lil Kevin I'm sorry Kevin Kevin Harlan is now the appropriate time to speak go to impact fees there sure you have three minutes you can you can talk at the time I can you can if you want to wait and talk during the issue we can bring you up a lil okay thank you alright that concludes item number six I've been over seven or i'd like to suspend the rules and bring item 13 forward and you get second look over it okay Councilman Jim Nelson has made the motion to move item number 13 to suspend the rules move item number 13 up seconded by councilman Mike Barbour and please vote on this now i'm working tomo segments reset try now still nothing ok trying to in to a short hands that's what we're going to have to do we have anybody from I seen here ok I for is unanimous Marceau moves item number 13 Councilman Jim Nelson Chris while they're going this way we're going to probably work with you and your buddy hield Petraglia councilman jim nelson go ahead all right Mara thank you very much first of all I could say that I am not participating in the health benefits for the city of League City I have my own and I just want to make that a matter of record the helen hall library non-fiction book club meets on saturday November eighteenth a3 p.m. and we'll discuss dispatches from the edge a mentor war disasters and survival by Anderson Cooper and anyone is welcome to attend the city's annual holiday open house and tree lighting will be held on Thursday November 30th at the library the open house begins at four thirty and Santa arrives at five thirty so all your children come on out and see Santa and it's going to be followed by a tree lighting in front of the library at six thirty that's a good event and all citizens are invited that's all I have mayor Thank You councilman Mike Barbour that conspire actually wasn't going to come in tonight but I certainly will respect mr. Adams I do not believe i participated in a level with this city governments health care plan if you found out otherwise we would please let me know i'd like to change that paperwork my company and i'll mention is for a reason my company provides very nice benefits package including very good health care my wife is on my plan instead of being through her own primary employer the reason i want to mention that is because I agree with basically everything you just said when I look at who to work for and how companies can retain really good retain good talent as well as attract them sometimes it does come down to benefits and not supported any such a two-tier system that was proposed I think we have to send a message that this is a good place to come work it might be different if we had a wonderful climate here that set by our political officials and and everybody couldn't wait to come work for league city and never wanted to leave and obviously that just hasn't applied so I think the benefits are an important issue and I agree with one hundred percent of what you say it's so thank you I thank you calvin Tommy Collins again thank everyone for coming out like to say hello to said for all the years thank you for volunteering to this city I know many of times that in the past said was out on fire scenes early in the morning and as always bringing out refreshments and in so forth to the firefighters and under emergency situations they'll say about I like to say thank you very much for all your help and being a volunteer for this city for mr. arena again as a public safety employee myself I understand your concern in the police officers concerns about health insurance I think one thing that bothers me is sitting here tonight looking at the insurance package we want the best insurance for all city employees at the lowest costs that we can get of course there's no reason that we should be paying more for premiums than we shouldn't be I agree that we need good insurance probably the best that we can especially for civil service employees because you put your life on the line every day firefighters EMS and and police officers especially but for other city employees they're non civil service we look at several things here I think we have a great package right now for insurance and health benefits when we certainly don't want to go backwards we certainly want to go forward but we also have City Council members up here have to look at the dollar and we need to really take a close look at that if we can get better deals out there with the same benefits I'm all for that also but we certainly do not want to go backwards on your benefits i agree with you Hunter percent I am NOT on the city city officials insurance policy or whatever I did not know we could even get on it I think the last person that got on the city insurance policy might have been councilman Tidwell but I think he had to pay the full premiums it's not like what y'all have I think we were offered it about three years ago to get on the city insurance policy but you had to pay our premium policy there was no contribution from the city whatsoever if that has changed joy please let us know tonight but i am not only insurance but I do support the employees and we're going to fight to keep you insurance the same we certainly just want to look at it what I'm very disappointed about is that this is crisis management at the very last we have to choose your insurance within a month this is a very important and critical item that we need to make a decision on I do believe that we need to have workshops on this we need to look at every option there may be a better package that we can do for you that's my only concern and that's the only thing that I have a problem with voting only policy tonight thank you thank you again Mary [ __ ] say one thing sir we had a city employee mr. Farrell who lost his son this week so I like to say we like to go out and say suppressor mr. Farrell he's been a city employee for I know over 20 years and losing your gear your children has to be hard and we need so if we might say a prayer for chaos tonight thank you council meeting mayor I'll say about comments for debate Thank You councilman chris Samuelson Thank You mr. mayor Shawn I appreciate your comments I don't participate in cities but Insurance Program haven't to have no intention of doing that said it before and I'll say it again I agree with what mr Barber said in a city like league city where we do have some political turmoil and some turnover amongst a senior level that city officials I think one of the most important things we can do as the city is offer the absolute best benefits to our employees possible that's how we're going to keep the best employees and that's how we're going to retain the best employees I'm a business owner I have been a independent business owner for more than five years I provide full benefits to my employees from day one because I want them to be happy I want them to stay and as a business decision that's the smart thing to do I don't think we need micromanage the city I think that we have great department chairs and heads and I think that that we need to trust them that they're doing the best things for the city I agree with mr. cohen's we need to watch out to make sure that the bottom line financially is and taken care of but I have absolutely no desire to cut any benefits ready city employees or reduce the existing benefits I know that we have some employees who are new who came here because we offer great benefits and that's how we're going to keep them so no don't participate in the program and I think we've got a great city staff thank you that concludes item number 13 and although i don't speak to layer the meeting before i move to item number 7 i'll just clarify i'm not on the city insurance either so just clarification we will now move the item number seven which is a consent agenda item 7a through 7j go to Peru help the simsons made a motion to approve Councilman Jim Nelson has seconded that the voting software he is down so allies will make any discussion on this hearing nine please vote for is unanimous Barbara if I lose it in call it the beat me over the head or something Chris major motion and Jim second ago and Imogen air okay all right item number eight a report from staff okay item number nine old business consider and take action on a professional services agreement between the city of League City and camp dresser McGee pink for the design of the new Southwest wastewater treatment plant Barrick motion to the nine councilman john kenya's made a motion to deny I'll second councilman jim nelson a second to that is up for discussion out young america counseling well John made know it affected John oh you know when this first came up originally there were a lot of different questions as to should we go forward on this water now we didn't have the land to we didn't have a schedule as to what our infrastructure expenditures and our investment timeline was going to be and three was the question of some kind of competitive bidding how do we determine if this is a good price and that's that's I think we've got the land that's taken care of I think staff is well on their way and developing a capital expenditure schedule but the third thing that's still out there is this is almost 2 million dollars in in the eventualities of completing this contract and I personally think we need to go out for bids on a professional service agreement contract of 2 million dollars thank you Mary Jean nothing yes sir i talked to mr. herbert today about this and he provided me with some information just before the meeting but what I'd like to do is put this out for bids and when the bids come in i think we need to go to a workshop discuss this rather than and make sure we pick the right competent to do the work the course of price is involved in this also but i think i think we need to make sure that the city is protected I mean two million dollars a lot of money and I don't want to see and there's nothing going to be on the ground yet when we get that money to their company all it is is to provide us with a service to set up the whole bit out and plant on the west side southwest side so I think we need to look at this very cautiously to make sure we we are not just throwing money at this company I I just think that this needs to be looked at very closely health and sanity I noticed that the staffs recommending approval of this despite machines motion mr. herbert AP are you prepared to speak but this you can have either myself or the city's engineer who has been involved in this process I didn't see Jack here I just would like to hear from one of the two of yo why you think this is a good for the city and why the council should approve the existing proposal from either VI don't done matter me you would be almost an echo so away miss Marie so first book would like addresses the concept of go out or request for competitive bids any local government code chapter 2 2254 section 2254 03 says that government entity may not select a provider professional services are a group of survivors or award a contract for the service on the basis of competitive bids been for the contractor services so basically a professional is the the local government code not specifically tells you that you do not award contracts based upon competitive bids what you do base them on our item one on the basis of demonstrated competence and qualifications to perform the services and 24 fair and reasonable price now underneath there there's a b1 as a professional fees and contractors must be consistent with and not higher than recommended practices of these published by the photon professional associations and if you if you look at this on the basis of a demonstrated competence and qualifications CDM is the firm has been working in the city's wastewater facilities for the least the six years that I've been here they have demonstrated their confidence they have demonstrated their skills they are the people who are doing and completing your completion your your processor galmans or treatment plant they are very near that they have been they've been very responsive to the staff that in Canton we have questions so they have repeatedly demonstrated their confidence and their abilities to do what we've asked them to do they also under the company that completed our wastewater 10-year plan that we just completed their the company did that did the population projections and so forth which we are basing our our construction schedule and quantity of costs on for the next 5-10 years they've demonstrated to us through past performance there's their competence available duties as far as the basis of the fair and reasonable price there is a formula which which professional engineers use which demonstrate what your feet should be is it is somewhat simple formula that is somewhat complex it's just a little software program that the professional engineers oceans Association delivers it has numbers that have them start off the base price and on a base fee you go up or you go down at base fee based upon the difficulty of the permitting process how difficult it is to do and permitting for a 13 million gallon per day wastewater treatment plant is a very complex process CDM have been involved in this process with us in with mr. Pfeiffer for the last four years trying to develop a site and trying to develop a a site which has all the amenities which we need for the discharge point for the treatment plan and what can can be done they have been very involved with staff and from the beginning of the designers facility they're very confidence far as their fees are their fees this initial fee is right and a half percent their overall theme everything is two million dollar invite at ten percent and this is a very competitive feed tip of the fee start off in like an eight percent number for design and then you go up in there based upon the complexity of the design this is I wanted to show this formative thing one is going to is it you're looking at it there are some judgmental decisions to make and that you have to make upon these fees when your clown but that is the way that you look at these fees it is it is it complex as a more compact here you're dealing with what entities what government bodies are dealing with you you mark him in rapist and mark it up and walk that fee down based upon this formula set out so yes as far as staff is concerned CDM is a very qualified company I don't know that you find a more qualified becoming more qualified to design your system the CDMS is their feed variable out based upon the formulas that are provided for professional services by TS PE and the american society civil engineers yes the formula is in like any questions so if i understand that a CDM has worked for us for at least six years they're working on the dallas hammer treatment plan you've dealt with them quite a bit over the past and in your professional opinion their fees are fair and reasonable in terms of what they've been bill in the city for at least past six years yes that is that is correct and you think it's in our best interest move forward with CDM from a timing standpoint of where we are yes i do believe is best interest to move forward how much time do you figure we have to burn very low Thank You counsel double-checking leave that on there scroll down a little bit Jack thank you for that answer I appreciate what you've just talked about it makes a lot of sense and i had just after we did this 90 days ago i had looked into it more and spoken with some people with a lot of experience in this area came to the same conclusion probably the only one thing that that i just want to hear one final answer on so I can feel more comfortable with this is I understand about the competitive bid process that we don't engage in however the these folks were contacted in the Davis of price could there have been one other representative company that you know shows similar credentials that we could have asked for an amount and just look at it to see how they compare or is that considered competitive bidding that's what I want to get to before I can feel comfortable because I have people to answer to if we make this decision tonight oh yes that that is considered when you try to compare a large if you look at two companies that you think are parallel companies if the determining factor is hey this guy's going to do this figure this guy's going through the debt feed that's what this right here says you're not to do you do not make the decision based on vu based upon confidence on basis of demonstrated competence one of the concerns is if we go out with a another firm that we are have no history with the design do you have a demonstrated competence in what you're doing if we were going on an equal basis were neither we never work with any firm we want a parade a construction that no one we had no experience with and we would look at the equal people and equal representation Zanu presto qualification and that's that's the step to do you go to request for qualifications you get to request for qualifications here you go through a culling process where you go through and then you then you go and decide who it is you want to do your work then you ask them for a feed if you cannot negotiate a proper fee with them then use you terminate your barrier with that further notice selection secular but we do that affirm that is just well competent to do the work and their fee seem to be aligned with professional information we have well I agree with them with the feeling that this is a lot of money and that's a tough decision but it's a big ticket item and now we're officially on the clock as a meeting that we had in the arrangement that we entered into the agreement that we invented so I am I'm comfortable move forward with psidium today at Castle Hills mr. I think yes sir you stated that this sewer plant is going to be a 12 or 13 million gallon clamping correct they actually yes eventually is this designed for them what what this design is first phase though it is to take this to an ultimate design because basically what you're having or components you designed this component next time you have just a parallel set of components that are identical to the first set so that reason the interfacing package fancy you've got your design in place so when we're paying for in this contract my reading the contract it states that were paying for a 4 million gallon sewer plant and that's what we're designing for it this time I know we talked about it 12 to 13 million gallon sir plan eventually is this designed for that 13 or only for the one mini what they will show is phase 2 phase 3 they'll show where it goes they have to pay the facility for the overall total capacity and then we're going to put this this phase one out of the total capacity and that's what this desire so the 1.9 million that one be paying to the engineering firm is only for the four million gallon design we're going to have future tallstar guests or expenses you do an engineering right you would have a future what you have in the future might be their calls for preparing of construction bid documents is what you could have but no more is that a design is basic but you would have that just for the just for the bit ok that's the only thing I'm concerned with is in the agreement talking under professional fees on page one it talks about the a new 4.0 million gallon per day wastewater treatment plant known as the Southwest wastewater treatment plant I just want to clarify that we're talking about 12 million not a 4 million token in the design of the first phase of this they're going to have to lay out what the ultimate plant facility is going to be and as you move forward they're just segments they're just almost like a package plant you'll have to parallel facilities and in the next days if we go to 8 million you'll just use that same piece move it over next to it go to 12 your take another way to move that forward over that again my question in MO will we be paying for the future engineering coaster is this included in this bit here the eliminators the preliminary design and permitting or going to be a part of this in the future what you would pay for would be a different bid package no where's your basic components going to be designed all they would be saying is hey instead of putting this facility and point a you'd put this facility in point B why are we not designing our 12 ian gillan sewer plant today is it am i cool down the wrong path Larry I think so this contract is for the four million gallon plant with the expansion capability to the 12 million the engineering design services and the in the expansions are middle rather than because they're all done in this first package thank you Mary I want you to have case someone else okay Jim got ya just about how actually my question was answered by mr. herbert I appreciate that very much sir okay thank you Jim yeah could you clarify your the fees again it's wait there what's the estimated cost of the estimated cost is pointing to minute and that's for the four million gallon that is for that is for this phase which get you refer meeting and the ultimate layout ultimate design and in the construction bid documents for the four major gallon with the first base that's what you get for your your two million today ok could you scroll that down just a little bit because before though they on the other down what I'm surprised that attorneys not up there so I'm not sure about that because we've her in the past have we ever so we've never gone out for like a landscape architecture we've never gone out for bids for a landscape architecture it what we do is go out for RFQ right so we okay that's fine and so we went out for RFQ is on this at some time when they were when they were first selected I think their problems with this RFP program it was I wasn't here about would imagine that we're dead letter no I meant for this for this project yes there are project we did not go after an RFQ process where but in it doesn't really say you I guess it doesn't say you have to go out for an RFQ that I breathe doesn't no no it does not just that there is and on the second page there is a procedure where say if you don't have an experience records with a Wicca confirm in this type of designer and wanted to there is there is a provision that tells you the steps that you should take if you have not had an experience with a ticker consultant professional cat time okay I mean I don't see it say anything about an experience factor in their view said on the first page that's on the first page that's basis of demonstrated competence and then scroll it up again because I don't see where it says that if you don't have experience with somebody then you you go out for the RFQ if if you have a project worrying you have not working with a consultant on hold or if you work the consultant you didn't have a particularly pleasant experience with that consultant okay and you have a similar product before what you would do is you would go out for or if you used to get so we didn't even ask we didn't go out for RFQs we didn't go out ask other people to submit their qualifications or abilities their designs that they've done for other municipalities to my knowledge we do now okay um no again 22 million dollars for the completed plant at projected full capacity that they the 20 million dollars is the projected cost for this facility at the full meeting at four million dollars you get then you get the overall open build-out layout but the design the construction documents are only gonna be for the full game in purple and that's the 22 million at all if that's the 20 million cost okay and this is the same bid this is the same treatment plant that was on the agenda last November and its price tag at that time of 17 million this is the same facility okay so four million roughly in the last 12 months that is correct anybody else okay the most I'm just one of them I other council previous to us didn't build it you know things go up sure I think was the fact that we hadn't bought the land yet you know and we didn't know what was going to happen on the southwest side at that country and I well if we do have the land now yes sir and and we do have a dire need as I see the TCEQ reports and I think its various emergency there so now the motion of the floor is by Councilman kini to deny and the second is by Councilman Jim Nelson so with no further debate all in favor of denial please vote for izz council Keaney and council Jim Nelson all opposed Houston cones come from barber and countless amazon so motion to deny fails experimenters to prove proof sir second one of you is either a councilman Sanderson has made a motion to approve seconded by Councillor and Barbara's open for debate hearing none there I just like to say that maybe in the in the future that I know the camp dresser is a is a very good company but in the future I think council will feel a little bit more comfortable that we're at least look at the market I mean there's other there's other consulting firms and engineering firms out there and I know they've done a lot of work force in the last six years and that's probably the only reason I'm going to go with them plus plus the fact that we have to get this sewer plant online again we're with them to a timeline and a crunch but again thank you okay with no further debate the motion is to approve by Councilman Samuelson and second by Councilman Barbara all the table please vote for izz councilman combs councilman barber council Jim Nelson Nelson miss Henderson close Calvin John Kenney motion passes and I'd like to thank the council for their vision to get that pass to keep this project moving this rare at this time I'd make a much to suspend the rules and move up by the 10g councilman Samuelson has made a motion to suspend the rules and move up 10g I think we have people sick of that seconded by councilman Mike Barbour please vote on it to move up 10g all in favor is unanimous we now move to item 10g consider and take action on entering into a contract for employee group health dental and vision benefits program was mayor I like to move this time that we followed all the recommendations of staff at this time for discussion second second okay councilman Barbara made the motion to take all the recommendations of staff at this time would that the approval or would that be whatever's at this time I'll just call it approval of all those recommendations that your discussion so we can arrive at something so we can talk about it okay thank you sir in sac in the document sannisen the item is now open for debate the deed body on council would like to start or y'all want to hear the presentation curve that's earlier the frozen fish so my name is jet ski with Williams thank you for allowing me to give presentation on the benefit programs and thank you live for allowing us to serve the city over 10 years and our capacity as an advisory team as what I've tried to do is I know Joyce giving you a package of quite a bit of information I've tried to pull this down to the key salient points and open up discussion and follow your advice we receive the renewals in October October is 30 days ahead where most carriers give you the renewals and that's based on claims experience through June we receive a minute earlier the claims experience would be from may or april and they plot an inflationary factor which would make the rates potentially even higher so we try to balance that we receive those renewals and composite of the medical dental and vision renewals is eleven and a half percent especially those rates are based upon cities actually claims experience on a seventy-eight percent basis blended with the claims experience of the overall block of business from those curators especially in the medical area on the medical plan in particular eighty cents of every premium dollar goes out to pay claims it's kind of how the programs are designed so there's twenty percent for expenses and premium taxes and things like that so far this year through September ninety cents is gone out to pay clients so if you look at it and that perfekt that the carriers aren't making the profits they would expect and therefore there's a need for rate increase if we were to go out and rebuild this quote the quote would probably be higher because the claims experience has gotten worse once since the time it was good the city's benefit levels if you look at across using and major Metroplex here or higher than most but the cost is the same or lower than us so I think council and your staff want to be congratulated on a rare win-win situation of having much better benefits at equal lower costs than most people so that's a huge positive aspect compared to the many corporate clients since other cities that we represent and see usually that's not the case i would encourage you to enjoy like King the next page gives you a financial review it shows your current cost what you're looking at here is a financial overview currently the city spends 2.9 million dollars when the renewals were is received by us and the city the projected increase was 17 and a half percent are close to 3.4 million dollars those renewals through the bidding process and negotiations have been negotiated down to eleven point five percent so you are looking at an increase of 11.5 percent dang of various surveys you look at within the Houston area there is actually won yesterday's paper projected at ten percent increasing and employment at cost seven to eleven is not online remember your costs are based upon primarily your claims experience of your employee population on anyone else the second part of this page shows you the premium contributions and shows you how those are split between the employees and the employer employer being the city so as you have pretty even split their premiums in renewal so what did what did the marketing summary revealed we obviously went out to bid we've done that almost every year we tend to look at these things even during the middle years will give us some idea based upon playing experience where we're going to whether it's a bidding is appropriate we sent out 29 rfps okay poor people were able to send them out on their own we did it on the half the city and that we received five min of RFPs seven dental and five vision proposals receipt you look at the Medical if you have a hundred eighty percent benefit plan which is a great than at the plant it's not a lot of people even offer that level of coverage anymore but we went out ask those cures to duplicate those that coverage level signal was able to duplicate that plan Blue Cross could not duplicate that plan humana got closed but do not fight duplicate that plan the next page will look at end up looking at the cost dental you have a program through that Adele [ __ ] mr. B credential it offers a dental plan that's a traditional and any plan and a DM 0 which is kind of like a dental HMO if you go to that specific set of providers their plan is unique because they allow you to jump back and forth between those points the other dental quotes were received with the exception of Delta Dental do not allow the ploy that freedom of choice so it's like employee having the ability to have two different dental plans and one a great option vision you only spent about thirty thousand dollars we went out to bid looked at that spec Tara as a quality company there's a number of hosts division for providers that quoted most important thing about vision is the plan is as maybe the saying we've looked at the networks are out there what providers they are in conjunction with staff spec Tara or block vision would be a good choice for the see if you look at the next page or if we look at the next page you'll see just the gross cost you know healthcare came with that 18 18 and a half percent renewal if we look at your claim experience using our underwriters and actuaries we probably justified in age and a half percent renewal and if you looked at with the marketplace offered they receive the claims experience all the appropriate data they were able to come in with some better proposals we often see this in our marketplace where you get someone going in in the first year being very aggressive we've had that same issue happen here in the past and ironically it was Cigna if we gave us some great rates and then the second year overreacted in the renewal and increase us rates you can see there's a number of options here cigna sawan it came the closest to looking like exactly like united healthcare plane if you look at the dental plan there's supposed to people there their plans are not exactly the same and they don't allow the poise of freedom of choice with the exception of Delta Dental being the closest one and it did offer a slight savings over current even though the aetna renewal is only 4.64 I know it's a cost increase but in comparison to everything else it's not significant amount of money vision vision is pretty simple no no spec Tara a number of years which is ironically owned by God healthcare block vision gave us a very competitive proposal with similar benefits and some of the same providers so when you're trying to make her decisions I think there are a number of issues I would ask you to consider if I looked at these renewals from an underwriting actuarial perspective I probably justified and would be consistent of the marketplace marketplace could be more aggressive because they're not the incumbent they're typically would try to get the business and keep it for several years you also when you're considering any change I would actually look at the satisfaction that's a satisfaction from the employee's perspective and the staff perspective the quality of the benefit plans the selection of providers and the cost the cost and destruction of change versus the potential one year savings think there are some value as an employee of being able to know that their doctors going to network and they can go the physicians that they're used to seeing over here and finally it's my understanding the costs are less a budgeted I think the city budget at 18 send and 311 so you've got a lot of good options you have a great plan of benefits at a cost that is it is in line with the marketplace or low so I think you're in a position many employers would be envious oh that's all I have to say I'm here to answer questions any council comfortable okay so one thing you mentioned was the current satisfaction and so it sounds like this provider has been doing well my question is we have already had an indication or how will we figure out if that satisfaction would realize with what was a twelve percent increase in rate with the same provider just listening to the voice of the people and I do hear that quite often and they are willing for that right increase to stay with this carrier because i have not in my 17 years of Lake City insurance experience seen the satisfaction rate that we have with you know health care and I do I have presented those numbers to staff and they have acceptance okay thank you Epica joy you are you basing that on a survey that you did or just by word of mouth or yeah okay just from other employees it yes sir lots of people doctors about that user you're a consultant for the city to to find the insurance premium source at the best and so forth do you get paid a commission we get a paid a fee and what is that thing FTE is between this and the life insurance is 24,000 55 but no commissions are paid to you where we're compensated by fee what we were able to do this last year when we negotiate a renewal is after we settled on the carrier you guys voted we were able to go back and further negotiation our fee so we saved the city and additional twenty four thousand five dollars we have no alliance to any of these carriers we don't care I think if you look at our fee if it's 80 basis points of the entire program quite frankly then we're going to see for so long really hadn't paid attention to it it's probably the lowest fee we have a wall or clients which range from companies like christus health rural energy all the way down to the smaller company one thing I agree with the insurance companies I mean I have some experience with my other job because I certainly worked with this on a daily basis the only concern that I had you went out for RFQs right and you published in the paper how many days did you allow for the company to come back to I think it was a little bit over two weeks and usually an insurance company with a great set of bits bags will turn around for our farm in less than 10 days we get a priority we have a substantial block of business so it makes it pretty easy and we give them all the data they need a lot of us used to work for carriers so we know exactly what they need put in the pristine format and enables endeth do a quick turn again up I playing the vote for it due to the fact that I think we have a timeline the issue again what happens if we do not vote for this package fine January don't vote for this package tonight you would have to go out to bid again the cleanse experience has gotten worse use our infuse our fees to get to get other bids your claims experience has not gotten better it's gotten worse so underwriting I use your claims to reject future costs I want to project probably higher costs we can't guarantee that but that's probably what would happen due to the fact of our claim history you think our bidding process would be worse if we went out at this time I mean these claims come in on monthly basis and some of that is affected by the severity of certain large claims and is trended the wrong direction so i think that the renewable even added the twelve percent number is an aggressive number and i think the reason one of the reasons unitedhealthcare came off this renewals because they've had a good relationship with the city they value your business and it's a piece of business they want to keep joy could you just explain to cancel i guess in a brief summary of what the premium cost per employees for council members that so in do we also pay for retiree insurance or anything like that just kind of a summary and then I would like to make a comment maybe tell you our city administrator in the future that we really just being an important issue I mean I also want to look at the the aspects of trying to make it better not just cutting costs but making it better if it's possible I think something in in this aspect which is a large number that we're paying out on insurance premiums it really should have a workshop on that also i'm not saying to be micromanager with Joyce department but to go out I've looked we have no contract as of now with this company here which I think you've done a wonderful job in the last several years but best an issue in itself going out for RFQs in 14 days I received three phone calls from three different companies who claimed by the time it went out for advertisement they had no time to come back with the RFQ I would like to maybe see a a 30-30 day turnaround finally we can get some other insurance companies in here that's just a comment to our city administrator may be in near future but if you could just tell us a little bit about what the premiums with the city pays them with the employees okay okay for the employees and the city pays 100 percent would pay fifty percent for dependents the City Council members are on the plan as far as being eligible to participate in the group health care but they do not receive a benefit of the premium being pay so you pay ahead a percent of the premium and then the retirees it's kind of their two different levels we have a disability retiree we have a floating number on that there's percentage between 5075 depending on their age at retirement for that and they'll also for retirees alone if they retire with 20 years of service in there between 60 and 65 years of age they are 100 cover and that's the only time a shirt that we have it when we talk about benefits to city employees I mean actually almost a unit some of the health benefits and the insurance benefits are probably one of the best in the area do you agree with that yes our day ok so to claim that we're losing employees over health benefits I just don't see that now I will tell you if we go down you could see a trend in the market to maybe not hiring somebody but I don't know too many cities that play a hundred percent for retirees insurance and that we did that here what three years ago four years ago right oh goody you're right they're very few they're probably it's it is a dwindling market yep my only my only problem joy was the process that we took and again I would like to see a longer process to see if we could get better or maybe more companies to bid on it not necessarily we don't have to change any insurance carrier just seeing what the options are out there we did receive and I do believe that there probably six major carriers and we did receive bids from the five of the six major carrier so I felt like we had pretty much pulled in the major carriers thank you Chris would you make sure that first year sometime in the first quarter we schedule a workshop to discuss not necessarily the biz but not the insurance and you know the pressure will be off and we can all talk about what type of event this would want to offer as a city sir thank you very much anybody else councilman got bikini couple of questions and I agree with mr. combs that lowering the benefits is is not good for morale there's no doubt about it however I think that you cannot overcome a negative work environment by giving benefits you can't go out and say you know what we're going to make better league city a better place to work out we're not going to deal with the problems that we have with employee morale except that we're just going to give them more time off more benefits in higher wages I think that's not a good direction for the city and for council people to sit up here and say that we're going to overcome our working environment with benefits is as is not it selects on the need because the most important thing is not good benefits it's preventing its it's providing a work environment that employees feel good about working in there's a lot of them and you can't really overcome one by over compensating with another so but I do have some questions um you went to aetna heritage in Inuit and you renegotiated we win and appliance float I mean not that I'm sorry oh united healthcare you went back to united healthcare back to all the curators you went back to all of them are accused state an edge in the right to choose the best provider aunty negation and so united healthcare was the only one that was long to negotiate some the others engage into and these are the rates these are the rates of the bottom line okay I'm looking at the dental plan and when I look at the dental plan it just I mean there's you know dental asst something that is it's better than the vision plan because the vision plan really doesn't cover whole lot you know because the cost of frames and that sort of thing kind of program in its insurance so but that but the dental plan is something that's important to me and I'm just trying to it seems to me that the Delta Dental pays a kind of a schooling in one case here's a molar and you know in the current plan right the employee pays two hundred eighty dollars time oh no excuse me read it's it's just some kind of previous root canal therapy now that vision care current plan three hundred and eighty dollars under the delta dental just this employee would only pay two hundred eighty dollars but what we have two different plans canceled indiana traditional and any player you go to any dents you want and when you try to compare the other clan which especially a dental you will you have to go to those positions and they have five or six pages of these school procedures and we try to evaluate some of the more common ones it's very difficult to evaluate it though Delta is not a battle tournament Delta seem to be the one that you could either go to either plan and you could switch it every month just cycle and that was a leader in this marketplace actually hadn't bought credential who was the person who invented the dmo product here in Houston and their plan allows you as employees switch back and forth between these plain Dedmon that yes sir and what other Delta is the only one of these others that truly allow that otherwise when you make an election you have to pick one plan dental plan or the other during the time period so as an employee you get the you could go the HMO or the and get a level of benefits and then say okay I really don't have this procedure done under this plan and go back to the other person I most likely having two plans and you can choose on a monthly basis where the other carriers don't offer that option so Delta and Edna both offer those right and almost on every procedure Delta charges the employee that the final total cost of the employee is less with Delta but I see Shawn over there is is expressing kind of being upset about this I'm just trying to figure out do you want to pay less or do you want to stay with the current one just the way our insurance now the way our insurance now because I'm the only reason I'm asking you sean is because you're the only employee that's really gotten up and spoken about this and so I'm going to hear your opinion right and if other you know if other employees would like to express their opinion if they have something unique that sean is not addressing that I'd like to hear that voted in my experience working for a city league city the way Edna is now with the two plans HMO or the dmo if you go to a provider that you have to go through on the HMO I tried that in waited three months to get an appointment and there's 33 dentists in the entire galveston county that you have to go to under the DM DM 0 plan you can go to pretty much any any dentist you want and it works out to where I could do that one week and then turn around and go back if I'm happy with the HMO the other and you heard though that you can do that with this other plan and not only that but it's going to cost you less money when you go there well if they can do that then by all means I mean it's on paper until it's actually till we actually have the cards in our hand in of using it and have some some history with them I think the history with that McConnell speaks for itself ok well and could could you address his concerns regarding well I mean I think this is the problem you have when you you have two plans one is you have the dmo you at about ninety six people on the population a389 that access on a consistent basis the DML so it affects the smaller population that's a given set of dentists who accepted these fees and they're just those Dennis come in and out they build a practice end up having an independent practice they like to try to they'll make more money in the other plans so what we're talking about ppl the PPO you'll make more money if I Magennis I'll typically make more money into PDF so you tend to have more turnover and the Dylan hmm and so that's where you can end up with some service issues because you have to sign people in certain geographic area and why are you recommending to not go with delta dental because I mean I what's the what's what do you think us up is a bike oh well I'll tell you two things one is employees are familiar with the program they found their dentist and they like four different person or maybe one who dislike Delta is the one that just started within the last 60 days an option to move back and forth so we don't have any proven experience with their ability to minister of that effectively how recently in the last 60 days the ability to jump back and forth that's when they started there they had the two plans but you had to LA part of our or the other for a 12 month time period not the ability to go back and forth or a month ago okay Oh some of the concerns I have and the Humana plan seems very close to the one we have now it actually pays more in some areas it pays less and others but my main concern is the employees having to switch providers up of dental and health care plans because you know a doctor is somebody that you've come to trust and that you you know you really don't want to have to switch the the thing that we don't have here is is which positions are on you mana that are also on or which positions that our city employees currently go to or on the umaine a plan or the cigna plan versus the united healthcare we so we don't have that piece of the information do we went looked at the major facilities and major hospitals are all long-term there and usually the hospitals or the theater positions of the feeder systems to those hospitals ghazab that admitting privileges the Humane a plan is different than if you look at it in network is similar with these exception of prescription drugs our network at page seventy percent there's a higher deductible as well on the out of network right but not only so they didn't find my position they would end up going on what percentage of our employees use out of network why now you have a very high satisfaction with that and I would suspect I don't have that employment me high satisfaction satisfaction with providers that are probably using close to in it and network network then level and close to have to pull those numbers I would not be surprised it was ninety percent or more awesome so there's I mean it'sit's um but you know we're not sure are we of whether or not if we change the night that some employees would have to switch positions exactly if you change however many some employers that have to switch position your regardless of what insurance carrier you want I mean they all have different networks different positions some physicians won't come to try to command a cell wall across Signet at night so on so forth thank you it comes from Jim Nelson yeah I the the the medical I'm not too concerned about I think I think we're on track with that the dental i have delta them and I do find one little problem with Delta down some dentists in this area don't subscribe to belton metal why I have no idea so there's a little difficult at times to get a dentist with delta dental however I do have it and I the Venice that I do work with to find it's very good data program that's I just want to throw that into the mix yes tically or health care providers we're not going to subscribe to networks it's not getting the compensation so typically this year anybody else motion on the floor when I first one more comment okay so and because it was a common address directly to my previous comments regarding specialized employees and it in what I meant but I didn't mean I didn't say really specialized employees what I said was employees that only can that are only working within the municipal or some kind of government arena computer people they can work in a lot of different industries and so I mean those are people we probably do need to you know certainly try to attract but there's other areas that can work in a variety of over NASA you know all kinds of places in and so I didn't say specialized employees what I meant to say where and in what I did say where employees that only worked that they're you know they're there were only jobs for law enforcement within government I guess I mean there are security guards and stuff but that's what I meant by that statement the motion on the floor by Councilman barber for and seconded by councilman chris anderson if there is no further debate on this issue please vote for is unanimous motion passes we will it 721 we will now take a okay we will reconvene at seven thirty two and we had just left off at item 9b but I understand that there or there is one that might should have been on the consent agenda Cynthia would film was it I'm sorry 10-8 that someone is here for so after this we'll go back to 9a if somebody can make the motion mood th miss me remove that we spend the rules at this time and move to item teenage up thank you second about first made by counseling barber second by counseling Samuelson all in favor for is unanimous we now move to item 10 h consider and take action on approval of a resolution consenting to the sale and issuance of series 2006 bonds first issue for galveston county mud number 43 and authorizing and directing the mayor to execute in the sea secretary to attest same for and on behalf of the city pierre-luc took crews council come any motion to approve captain jim nelson second that motion it is over for discussion marriages have one question comes makini um who is it on staff or our city attorney that verifies that the conditions required to sell the bonds of Finn myth that's normal your finance staff I review the documents make sure that we're not buying any terms of the agreement on financial size can be in mr. Duncan lamb it's here from RBC Capital Markets East representing the mud district number 43 I did take a look at the information that he submitted to us as well as passing it to our financial advisors to Joe morrow so it is it okay dissolved in order very good thank you any further questions hearing none motion is to approve please vote for is unanimous motion passes okay now we will go back to item 9b consider and take action on extending the term for the depository bid 25 years pair of my motion to deny councilman Combs has made the motion to deny where else so I felt frustrated by council makini it's open for debate health and poems mayor the reason I do believe that we need to go to either a three year or five year tryna because I think it's very time consuming for the city and problem get better rates but extending the period but I think about a year ago when mr. Tidwell was on council we asked city staff to go out to extend this one year and to go out for accused to come back and look at rates from other banks and so forth I would still suggest that we do that but let's do it for a five year three year and a five year period and see what kind of rates we can get and what kind of them what should I think that's what's kept us is true that that's what this issue is we wanted to request approval prior to prepare the RFP on whether again are not you guys wanted three years or five years so that we would know foot to put in the RFP so that they would respond sometimes your rates may be significantly different from the three to five year period I'm sorry I'm reading it as that we're going to stay with energy bank for another five years is that not everybody what you want power what's wrong or motion so this is not to tune it to renew the contract with Angie 45 this is just and renew the bid 45 so that you guys to do the RFP it's just to tell us what do you want us to take get beads for five years or three years okay I would like to see both but i'll go ahead and type out my motion make a new motion okay or just change that one from tonight and set yes for three and five-year okay except McCullough jism commended his motion to accept for a three and five is that clear Cynthia okay at council Keaney and you'll keep that second sure ok any other debate on this councilman borrow it was just one quick question I was recently appointed to buy you to the Audit Committee and I don't think we've had a meeting called yet and I just want to make sure that as a new member i don't really know the entire history this look reasonable to audit committee members is that reflect their intent so I assumed it would I just want to make sure thank you Chris we need to give make sure not that there's a committee on that as well a meeting there will be one in during this quarter the bleep line is already planning you she is in the audience first any simpler to do so okay thank you any further discussion on this issue hearing none please vote for is unanimous motion passes new business item 10a considering take action on approval of a credit card policy mayor like to make a motion that we authorize and improve the city administrator to develop a credit card policy to bring back to counsel for the January 10th council meeting for approval okay council McCombs has made a motion to approve also going to the city administrator to create a credit card policy and bring it back to the January tenth council meeting and that motion is seconded by Councilman Jim Nelson and so there are any item is now open for debate councilman Coast Mayor the reason I placed this only agenda after talking with mrs. long and some of the other city staff's I know that we used to have a credit card policy many years ago but I find it very hard when you try to travel anywhere in the city on City business just recently I tried to book a flight for City business and you have to put them on your personal cards you have to get a purchase order you have to do several things I think where we should have a credit card policy and let city administrator direct whoever that person may be in charge of that policy and that credit card but you only need a credit card to do City business and I think that would be very helpful to our directors into our staff again I think the January 10th can somebody look at a calendar I'm sorry I'm going to have our own calendar here for weekly my motion should be the first council meeting in January thanks tonight okay like to I'm sorry I'd like to request that we may possibly possibly be given a little bit more time one of the things is that number one I want to say that I'm very differently in agreement with credit cards and I have worked with entities who had them in place before however we're in the middle of hiring a purchasing agent who which we'd like to have them look at implementing a pcard program which is a purchasing card but it's the same as the credit card program and also the program is something that i'd like to get all of the processes and procedures together and share with the audit committee now because the audit committee meeting is in december i don't think i'll have enough time but if we can get this person on board prior to them and get into the audit committee it's very important that they look at it and review it and give us anything you recognize that they weren't happy to a mimosa I forget their hearts participation here no later than January one so we could get it to you the first quarter of next year for sure I bet we make it the end of februari for him in sooner our hurry then we can get it to you center OM everyone with you look at it to me very good i think that's correct I like to amend my motion to include is it Pete which color p card is that what's called to include a credit card policy and peak or policy and have it back on the agenda for the second meeting in February okay and councillor Nelson keeps the second Thank You councilman barber just one quick question whenever I see a situation when we have an old policy I can't help but ask what happened why do we change it and I just want to know what the rationale was if we already know that it affected me researched my understanding is that the policy has been here but we've not been used for the last two years when we've been without a finance director and then looking at the policy what's a good policy at the time however it's a little bit antiquated for city of this size sampling credit card and have people checking in either now you need to have multiple credit cards okay so basically a reversible using it so if even though it's there thank you any further definite nothing yes I just want to make sure we have checks and balances to make sure that there isn't helped use of these credit cards because we did have a problem back in the mid-1990s with some abuse with the credit card yes sir and I'm familiar with what happened here at League City in addition I experienced some problems that other entities that I was working with and so the policy that i will bring before you will have numerous checks and balances there will be no way that it can be issues examine further discussion okay the motion is to have the policy back to council by the second meeting in February and also includes the pcard okay all in favor please vote for is unanimous motion passes item can be we're pulling 10b the request of Daniel item number 10 C consider take action to set a day for a workshop in January 2007 to review Economic Development Corporation funding recommendation somebody have your calendars I think most you guys have probably seen this presentation already there lyrid I guess I believe at this time that we set that deep renovation motion at least thank you thank you my own counsel for Barbara's made a motion to set this day and seconded by the councilman Samuelson yes okay it's now over for discussion now let's get out of our calendars 15 januari to monday to holiday Oh Isabel only what the 22nd was about the eighth now that's a council meeting 12 well so before what before the councilman 17th okay waiting hour wait wait wait wait our city administrator chris reid has made a recommendation do we know how long that presentation is going to take forever now okay would the with the council be up for setting it for five o'clock that day or we talk about 2,700 a well the ninth the same authority as the council meeting made five o'clock instead of now if we had an executive session we have to put the executive session after and if it's an issue for anybody to get here on time from work and obviously we can't do that either I have an issue of being not in town valuating so the difficult one for me which that all the night great okay all right well let's go to about the 23rd it's my job what is your urgency where we want to be sure and get this to the council before work it's you know the recommendation is ready we don't want this to be bandied about before you here straight from us plus we won't stay away from the election period that starts fairly soon after after first year with the Malaysia we won't stay as far away from that as possible I just would be controversial bit we just we don't want to interfere with well it sounds like we don't want to make an election issue if that's the whole weekend girl we humbly suggest mayor just look mr. Leung get with all the council members let's do take a day convenient for all of us in January let's do that and it looks like it can we agree on the week of the 15th is everybody's playing with me okay marble would you try to get that set for the week of the 15th please okay so we were all lots with over chocolate mission so unless you want you to change you that to say I have bald along do it for the week of the 15 okay I think she heard us to fight with dogs running that fellow right is that right fun easy way out that's good whispers you got your second okay so we're going to have Barbara set that meeting so all in favor please up with it the only favor because for it is unanimous motion passes item number 10 be considering take action on a request from Kevin Holland Cervelli is that survey lee surreal civility Sevilla homes inc to prepay capital covering fees for section 6 the meadows at the rate paid for the meadows section 1 2 3 4 and 5 me removed to a true I was Leadership Council mccomas mad motion to approve seconded by Councilman Jim Nelson this item is now open for discussion council mccomas mera like that this time called shalini he had a few words he would like to address counsel with good evening mayor and council earlier tonight somebody talked about 90 minutes they haven't highly recommend the book I've been building in the league city since 2000 februari 2009 is fashion to date here and there were before my 25 years of homebuilding business I presented the meadows to league city may of 2002 the subdivision consisted of 507 lots 80 x 120 80 feet wide 520 feet deep of which i build 100 per year so please realize that I'm a small business about do half of my business here in league city in half and peril and I'm here with the request a reasonable request to prepay the impact fee for the last section at the rate of that I paid sections one through five because i believe the capacity needed was determined at the on start of the project with planning that with the planning department and staff the parkland the drainage there's no mud in this subdivision that could not didn't do any terms i did all this on my own my Lots are bigger there's a less of an impact for anchor on the city services at the workshop that I attended about three a while back with y'all there are a few of the comments were when your suppliers give you an increase don't you just pass it on to the customer I've never had one hundred percent increase by supplier but when I get increases I do my homework shop the competition so that my product can be reasonably priced for my customers in this case I have 86 buyers already on the boat where they got contracts the impact feet took took effect July 26 or july twenty fifth two thousand six the house is worried sold so the additional impact fee is I can't be Pat I can't pass that on to my my buyers it's going to be burdened by by sibel homes another comment was that everyone want to do it well that's not true either no one builder does this volume per subdivision per year and no one will pony have to this commitment because of an unsure market and they don't submit preliminary plans and go through the process as early as I do or take the time to come down here and defend themselves prior to the previous event feet increase was with the subdivision the whole sec all six sections reviewed by staff and the capacity was calculated like I said once again all mine are sold and please I'm requesting that you grandfather me and let me prepay this be for your residents a CIP is an analysis of the total capacity the level of current usage of commitments for usage for the existing capital improvements over reasonable a period of time not to exceed ten years this was completed by staff at bunk with the plan that I submitted four sections one through six I'm concerned by the need for additional capacity along with one hundred percent increase in fees not associated with the capacity that was reviewed at the beginning of the subdivision especially since the water and sewer mains were already in place to serve this subdivision you would not change the parkland dedication you would not change the drainage amount therefore I don't believe it's a that's correct to to change the impact fee you've got the conceptual deal and go through it in and at the last section is when the changes being and i don't i don't believe based on the information I've looked at that it's justified so what I'm asking is for y'all to let me prepay and I started this when the impact be doubled I I started with the building departments went through the planning department set up a meet him to meet back here and that's when I got the workshop so I'm here to debt tonight as it would have been the same time that the impact fee doubled and I would I was requesting that I'll pay it now in y'all half of money that way I can keep my sales price is the same and I don't have to go back to the bar I can't go back to the bars and asking for the additional money the preliminary plat for this subdivision was done December 23rd 2003 final was submitted februari of 2006 was recorded May tenth 2006 and the impact fee went into effect you like 25th this has been the same deal since the beginning in 2002 within a reasonable period not exceeding 10 years as stated in chapter 3 95 to your local government code please help me with this you all have any questions any questions for kevin how much money are we talking about twenty-five hundred dollars times 100 and i'll be building now I'll be done in july august of next year i'll be done out of the subdivision novartis the jellied eels I don't have pushed from his chamber good Packer I mean give some comment on this man you agree with those numbers because we have already on the ground platted over 2,000 lots in other subdivisions as well the lakes of south shore center point victory lakes and all the other subdivisions that also have approved plots with home builders who have to pay the new rate to allow mr. Holland to pay the old rate would make his product a more competitive but take the competition out of it because then he'd be able to pay the old rate whereas the new pump the home builders who come in the new rate which puts him at an advantage on their product we went through the proper process and channels in getting the rate increase with the rate study the Planning and Zoning Commission serves as the capital improvement Advisory Committee they published and held a public hearing the same was done at City Council no one spoke at either one of those public hearings mr. Holland shows up at the time when it was adopted and realized that the rate of increased and decided that he wanted you to get permission to pay at the overage mr. Polanco could correct me if I'm wrong but I don't think that the state statute allows for vesting and capital recovery fees better that was one of the issues that we discussed at the time when we went through this process and at the count time the council adopted the ordinance they did not set any provisions for previously approved lots if the mr. Herbert has anything he'd like to add for the public works side so that those are the issues that we're concerned about if we were to counsel were to allow this where do you draw the line with two thousand other lots already platted at four thousand dollars a pop you're giving away quite a bit of the money to finance the improvements that's why you increase the fee to begin with okay for a point of clarity I asked the city attorney does that make this agenda item potentially illegal and which of the engine says no but it does open comission it doesn't make this an illegal man but what it does is potentially opens up the city to a challenge in the future if you don't grab the same allowance for someone else you will then be challenged on the basis and I there's there's a comment here the data sheet about better discretion you will be challenged on the basis that you exercise unfettered discretion in granting it for one or more but not to others as your city attorney I think this is a bad idea so legal speaking are basically if we were to grant this exception in this case every time one comes up in the future if we don't grant it when we face potential legal challenge on why we approved this one but not other ones yes because there are no guidelines by which you decided to make this decision time so when Miss chambers says at the time that the council passed a previous ordinance that that increase the fees that the council set up no Avenue or means for for exceptions or grandfathering or anything like that that we're basically walk uncharted territory at this point it's it's a due process issue if you make decisions on how you know allowances for one group but you don't base it on any criteria then when someone is not granted the same exception and you deny it with once without once again having a criteria or a set of guidelines by which that decision was made then you have exercised what's called unfettered discretion and potentially open up the city to a claim I you are paying me as your city attorney to give you legal advice I think this is a bad idea folks setting a dangerous precedent that's proposition they could make Chris really are you yes yes sir in the process of doing developments you meet with the planning staff the developer builder myself is is who the developer builder is you come in and you go through asset development review steering committee hi whatever the terminology is it's used here and they calculate the capacity for the infrastructure now that was done by the staff in the planning department I've done nothing to change the capacity required in mind you this is I brought this the subdivision to the city of League City prior to your previous impact fee so not once but not twice but it was reviewed the capacity was at the old ray prior to this 2006 increase generally speaking you review your your impact these three to five years with that being said I knew I had a window came in plat of each section by section planted the less section the capacity required to do this subdivision has not changed the need that the city has for their infrastructure has changed now I would be interpreting that as penalizing somebody for being a good planner and coming in dealing with the city that's right there I can see them i'm using mary and i don't want to do that so do y'all have the other questions Farrakhan marry you stated that we had two thousand planted Lots yes sir okay as a 2006 july two thousand six we have on the books two thousand platted lungs as of july two that i don't have the actual table with me if it was in july that we actually ended up with that number but that's the number we had today today but we don't know what planet lights are from 2006 to this day i can get that information for you if that would impact you're just like my whole thing here and i think mr. Harlan has a point when we passed the CFR's you know my intent a peasant was to everything from that point forward would be at the new rate everything from that point backwards which my understanding forgive me if I'm wrong but my understanding was that that was the fee schedule so I understand like new planted Lots like tuscan lakes who came in to us afterwards who may not be or i'm not for sure I mean tuscan lakes would have had some lots already planted vijayan i like they have now a modeling is I like to see how many plague lots we have prior to to july two thousand six and this would only affect that group of people because they were under the right that were fighting anybody pants july two thousand six if they planted a lot should fall under the new rate that's like passing the city ordinance and making a fine for a Class C misdemeanor and say no everybody's going to have to pay that now instead of the people that violated from this point forward we're going to go back and click from these other people I just don't think that's fair you're quoting low you're quoting statues that in mr. Polanco quoted this discretion and everything else but I just don't know how that's fair for the people that planted there there lots prior to July the six was on the books here in League City and who had a set fee they paid that fee or new that feed was going to be part of their home price and then after two thousand six when we set the new rate in the new fee you have to go back on this previous developer and say now then lots that you previous plated or a part of CFR I just don't think that's fair it's like us going back on the park dedication fee to maybe Sasha harbor and saying we're going to charge you now instead of the two hundred dollars was on charge using eight hundred dollars just because you plated lot sir before this point that's that's the only point with all this it seems like there's no clear justification from the split of July 26 2006 everything forward should be at the new rate everything behind that ship it to back rate and I don't think we're talking about thousands of plat o'clock so I would imagine you probably got some of the whole builders like that owes maybe summer testicle lights may be similar I think you're basically talking about eight million dollars one how do you come up there if you got two thousand planet lot set and they would have to pay the four thousand dollar rate twenty five hundred dollars difference it's a twenty five hundred dollars difference but it's a it's a difference that's substantial when you're talking about financing the improvements you use when council approved the capital improvement the capital improvement plan sorry the capital recovery fee and you approve the rate study you did that based on certain numbers that were provided in that study those numbers did not grandfather any existing planet lots and so what you would be doing in essence is you would have to make up the difference in that money somehow in order to cover those the cost of the improvements that you're going to be using the capital recovery needs to pay if that makes any sense have a company it makes sense for I mean let let me just add this um mr. holland's stated that he received his his capacity at the time that he planted and that's not actually how the city of league city handles that issue and I verified that Cassidian engineer his capacity is actually at the time he Hugh files for his building permit and pasted his face so he has no capacity just because he's platic he's not as insurer for any capacity at play I understand what we used to charge Kepler recovery fees at the time of clap was was submitted not at the time of a building permit so we've changed that in the process too but at my whole point marion again I appreciate you fighting for the cause but I'm looking at I just I don't see where that's fair to existing people who went by the law who went by the rules and policies and we're told one thing and then all of a sudden because it's council action we are now doubling where we're more than doubling their fees I'm talking about the existing planted Lots that were over an approach to July the 2006 nothing past that point so if you're telling me 2000 lots now it could be a thousand watts maybe 500 watts or we don't from july-to-september on average the Planning and Zoning Commission is probably planning anywhere from 150 to 300 lots of month so you're still that's that's a negligible amount of lots when you're looking at the overall impact my only point that I want to make is that council is aware of the decision if they were to grant this tonight the impacts that they would be having on the capital improvements program and the rate study and crfs you're putting all of that at jeopardy because you did approve that rate study and you did adopt the capital in recovery fees that's my only point making sure that you're aware of those issues right but we have not proved to see our people you have not but you were you were actually approving the CRF amount in order to help offset those costs and that was one of the reasons why we waited on the rate study if I'm correct them in councilman of barber yes first of all I'd like to if I could get some clarification the study by PBS and Jay that was the basis for which we calculate our CRF they that is done how frequently because I remember it actually being done to a period of time that was a little bit expired by at least a couple of years earlier this year when I checked it out and I knew that we had a new one on the way so it's how often every five years and it seems to take a little time between the end of that period and when we actually get the new one for consideration so we're talking about more than five years and if you look at that can you look at what our previous CRF was and what it went to your right it doubled it doesn't think a mathematician figure out that if you project linearly that the homes in the latter part of the previous study period were causing a bigger impact than was previously accounted for that makes sense to everybody i hope i'm not violating some mathematical assumptions in other words those homes that were in those sections got pretty good break and that's that's a good deal the ones that are now in today's real time cost that we figure out this is cost basis this isn't what we're trying to collect out of people's because we want to finance bigger government this is what we have to pay to to sort of the city and for their fair share it happens to be more I just look at this as the city just saying we're happy to throw away the million dollars today and put ourselves at risk for up to five million dollars total and think about how that affects our water rates because some of those cips are directly related to you know the water service and service wastewater that's going to impact our water rates when we consider that and over this next period of few months I don't agree with those numbers according million dollars is the number that you're asking for your shade 45 45 is the number of plants that we would be put at risk to account for if we set this president before I don't know that to be true I'm saying we're at risk I'm not saying we're handing over that and amount tonight but we are at risk if you don't look at it as risk you know if I'm completely wrong with somebody in the room with the figures in there to tell me I'm wrong because that's the way I look at everything I've heard tonight deal even if without the numbers it doesn't matter philosophically you're correct it doesn't matter what the numbers are what like the attorney said we're at risk and regardless of what the numbers are yeah I do it I understand the whole the whole premise for which this is found it up I just think it I also agree it would be terrible idea for the city to engage in you know just you know that is the price of development today if if in the terrible event that the price of steel doubled and you hit you that's that that that cost on to your consumers and they would pay for more expensive homes than what they would have if they'd about a year earlier and that's nothing anybody can do anything but this is essentially an analogous thing that's what's happened that the price of building infrastructure has gone up that much and the people who are buying homes today have to face that regardless of how long the other sections that the neighborhood they live in have been going already based based that because concrete and steel are on their way back down because China is just an example of a for instance i'm not talking about what's happening in the press of steelton in the world i'm talking about as i as an example an analogy but that would tell me is that your your treatment plants that you're going to be putting online their price is going to be coming down based on the analysis that was done previously it works exactly the opposite okay then what happens in six months later you know if I go by I mean it's fluctuations are part of the premise of the study that I think that PBS and JJ I'm agreeing to give you the money based on the July twentieth day and a total amount of about a quarter million dollars in other than what we what we realize as is what the true costs are so yeah we we can debate this back and forth that's comin if you drive if you if you pull up at the drive-in window at McDonald's 88 99 cent for the burden when you go to pick it up and pay for it it's three dollars that's what's happened here that's how that's how simple it is but that and you know what that analogy is correct and at that point i would say keep your burger i'm going next door i mean that's that's the unfortunate circumstance that we've and i don't think that's your attention as a city I don't think that's what you want to do we treat people like you want to be treated and you don't have another question counselor fell no no you know I voice my opinion I just liked it at the time that we passed the CRF we could have placed in one city ordinance am i right mr pongco to make the deadline july the 26 that could have been part of the part of the ordinance for you could have fixed whatever schedules and timeframes that you won't have thank you okay the emotional I've got a couple questions when did you first approached the city with your prepayment idea as soon as I wanted when I turned it in the first eight permits of section 6 it was quoted 2400 okay and i called the building department went into SAP with the Sean and then was taken through the path to marry try to set up an appointment the mayor he led Barry to me I discussed it at that time nurse comments you correct me if I'm wrong Mary you said that sounds reasonable all that one is reasonable okay I've got a and what do you know what date that was well it had to be around at twenty fifth of July and that's when they increase went through actually it was more into August because I mr. Piper was still here as a matter of fact ok I've got to start memo it's not it's not that critical to my decision um of the can you explain the two thousand number again where that number is coming from is that lots that have been planted that's lots that have been planted those are approved plans as of what date again because mr. tom was saying we update our we update our our schedule every month after about p + z meetings so this would be as of last month so this is as of last October no no last month westmark yes it's just November that we're in so there's no that's awful i'm sorry you're right didn't I say October ok you say last October which would let me believe you meant last year no no that wasn't that way if that was amazing we wouldn't even have to worry about those wrongly because they were built now so that's 2000 as of October of this year of those two thousand hamady were planted prior to the date that we raise the impact as I answered earlier I don't have the actual chart with me but i can tell you on an average the planning is owning commission plants anywhere from one hundred and 300 lots of months so you know from july to to october roughly 300 300 las amo 200 lives less so there may be 800 watts out there that would have been approved since july possibly yeah that's that's just an approximation okay and in the only reason not right now I would probably have to vote against this unless but there's but I think there is something that we could do but I need to get better numbers as to the legal implications because it's only going to what we've been instructed by our city attorney is that we cannot make we cannot have unfettered discretion when we make this decision but I guess we could have fettered discretion I'm assuming that the opposite of unfettered is better and I'm not attorneys I'm just trying to use the attorneys language they that he gave us here so what you're saying mr. Paco is is that we just can't do this willy-nilly right that we have to do this with on some basis that we can justify there has to be some criteria and I think there is some criteria here I would be glad if I could yield from your family's bikini I would be glad to postpone until the next council meeting get more information if if that is willing with most council members up here i'd like to get all the information certainly the statues of the law but think this is just an unfair if we can get a second from mr. Nelson I think who originally gave you a second and I really want to real quickly because we also we don't we also have to consider those lots that have already paid that were previous because we may have to refund money to those people so I need so we need to have that analysis as well and so are you clear only have some time to make it make it clear for wait a minute Mary wait wait wait wait we don't have to do that tonight emotion by counsel cones is to postpone we will be able to delouse you with data so that we don't have to go through all that tonight where every councilman should let you know exactly what we want to make a decision councilman Collins has amended his motion to postpone i would say postponed indefinitely okay because i don't think we can make your next council meeting but maybe the one after okay Elsa you try to fit a key to my questions or okay the motion before now is to postpone until at least maybe the secondary competing in December right be meeting in December and second star Councilman Jim Nelson we good with that yep okay everybody in favor that please vote for izz councilman kini barber Jim Nelson maybe you Nelson and John Keenan opposed is councilman chris jamison motion passes we now move to item number two in very much for thank you thank you item number 10 e considering take action concerning cities extraterritorial jurisdiction negotiations we don't need a lotion on this story actually I just wanted to update you as to where we are in the process and yes we will be asking you for some direction before so we know how you want us to proceed and their preservation project motion for presentation okay council mccomas made a motion presentation taking account from Barbara okay present prior to mr. Pinto leaving he briefed you on some meetings that he had been I'm having with city managers from surrounding cities as well as judge Yarborough who is chairing these meetings and the purpose of the meetings is to try to clean up the ET je overlapping boundaries between all of the adjacent cities we have a continued of these meetings since mr. Pinto is left we attended a meeting on october the 10th chris reed myself and we did have the GIS person they're with us as well and we were there with all of the representatives of the other cities along with their attorney and arnold Polanco represented the city of League City as our attorney at that time we discussed some of the issues that are still active as far as ET je overlapping boundaries just to kind of give you an idea of what boundaries we are we going to dim the lights a little bit so you can kind of see where we are in a wrinkle do a good job of helping me out when he points to the area's the purple area that you see there is the area that's the ET je that's shared by League City and clear lake shores the blue area is clear lake shores only that's there ET je and then there's a green area there in its League City only that area has frontage on FM 518 however there are no utilities available and the nearest sewer is at least a mile away and in the reddish area is kima ZT j only clear lake shores at the october 10th meeting made a proposal to league city what clinic shores is proposing is that league city would release the area above the south line of the HL MP right away and then clear lake shores would release to league city the part of lawrence road that is currently shared between shores and leak city and then league city would release everything that's in the green area to kemah in order for the league city's proposal is if leaks it is to release that green area to kemah we would be requesting that kima released in area to league city near babe you that would allow League City to have access to the Galveston Bay as you know we do have some area there but we have no way to access the other day so that's one item that we will be proposing the next issue involves Texas City I can say that one more time I'm sorry what are what are we asking of chemo we were asking kima to release an area to us that's near the Bayview subdivision that would allow League City to have access to the Galveston Bay as you realize we do have an area of land that fronts the bay but we have no access to it because it's um owned by chemo you see the block in the where rick is pointing we have no access to to get to the property that actually fronts the base so we would ask kima to give us some access American oh stop you right there we had access at one time what happened to this that corridor was not there before speaking to the microcytic the annex a corridor and I believe they block this and Lisa T never challenged we never challenged it when kima annex that corridor some time ago how much that land of Records ours I i can think i think i can see it but if you could highlight of different colors in the yellow the yellow nicely texas easy okay we can provide these maps to you so you can have them to look at at your leisure as well we'll be continuing the meet with the surrounding cities it sounds like the only thing that's really changed since the last meeting was is that we have previously this and I'm just discussing that the eastern part not the Dickinson and all that but at that time were we going to I think the there was still some question about the Galveston Bay property that was just hadn't been discussed yet or figured out but is this green area that it says clear lake shores to league city has that changed now that was still partly that's still the same thing that was previously associated right and so what are we asking for from kemah I mean we're asking I know what we're asking for for FEMA what is kima asking far from us that's different than what was previous nothing okay this issues really coming down to between clear lake shores and chemo yes and I would tend to come along as well and this is just an FYI they may or may not get along I'm i guess i won't stayed that tonight but under any circumstance we can move forward and then supposedly if we move forward that might help sway their opinion right but there's no guarantee what else are there's not great but i still go back to i mean i'll have some major concerns because we we had continuous continuous connectivity from babe you too city do you recommend that was councilman so we can research it when mr. Poole an accident mr. Poole Mr Bowles own counsel we had we had continuous access from bayview to the league city because that was the intent was to have drainage out to the bay we'll go back and double-check that what Rick and the engineering department has done is that they pulled all of the different annexation ordinances and try and work with mr. Polanco to try to track them and that's the final map that was that was I don't see the the final I would like to see the meetings because I know the kemah once said that there were some written correspondence that they use that they couldn't show proof of the annexation so I would like to see them we'll go back and verify that for it for our own and I'm based on those comments how does this kima has I know there hasn't been any official agreement but as came a scene I guess have they have they agreed in principle to release that is that I way 146 or anything yeah that's a you know if those meetings I think everybody is I'm just putting their issues out on the table and would you say playing poker man I would say that the game's pretty much game set match I don't know that it's going to happen but it's just it's really beyond our control it really comes down to those two cities dude does chemo want this portion of babe use that what they're trying to ask for actually kima an extent and we're just proposing that they give us an access to it they actually haven't responded one way or the other you're saying the green portion is leaked city or chemo the green portions league city are they asking for that portion of a you know they are not if I may the purpose of this meeting of this tonight we've all the members this committee are going back to counseling and giving this overview because it's very important when we get down to the final agreement that we all the council's agree on at the same time but it's going to throw it off so it it's important that we have a clear understanding of all this trade issue and as the mayor had mentioned earlier there regardless of their agreements sir regardless of their agreement on the east side leak city is planning on still going ahead with our trades right which may be a catalyst to complete the deal go ahead so what we're proposing is give them the green here no sir we're keeping the green that's ours all right what are we proposing to give chemo for that we're not giving kima anything they're not asking for anything or just remember to give us accidentally off excess yes sir if we verify that we don't already have I think we have okay there's enough stuff clouded over by years of being stuffed in a drawer i think you know we've been trying to pull it all out of the drawer sir to go to the texas city dickinson area okay currently the green that you see there is League City see TJ the yellow is Texas cities et J that's east of caroline street in then Texas City annex this area in august 2005 and it was later determined that they have NX in an error because it actually belongs in to league city in our ET je and so they are d annex in this area and mr. pentell told you about that at the last update so nothing has changed their texas city is proposing to release to dickinson the area north of dickinson city limits and west of gum by you league city will release all of this ET je in this area to dickinson and lisa has no utilities in this area and right now people are getting services from WC ID there are some single-family homes out there mobile homes that dipinto described to you at the last meeting nothing's changed there and areas not currently regulated by any zoning so it's just a mishmash of development and the Makri port is out there within the ET je area real far east as well how far eastern 30 TJ go he's that's as far east as about her come by okay let me go and and that that is the update that we have for you tonight and we just wanted to see in principle let you know that nothing had changed this is what we're still moving forward with and to make sure that our council is still wanting us to move in this direction as the mayor stated a lot of what happens between those two cities has no bearing on what we want to do we still need to clean up these ET je boundaries so we can get rid of this overlapping issues so we're doing a [ __ ] gratis right we will free would be happy if they were to take it off our hands I'm something a potion or two I guess we could make a motion then start the discussion on whether or not we won't staff to proceed what are you looking for I mean that you can't are you want well the motions on the floor for the presentation that's all we wanted to do tonight was just to keep everybody a price of what well how does that give feedback to staff that this council is a dream to those actions mer if I may I would like to see one other thing I would like to see a more defined complete mapping colored for City Council to review i intend to drive the area i think we have some major concerns up here and we also invest major concerns down the eastern in kemah before i give up some property or ET je to clear lake shores or chemo I mean we have some concerns down there where that property we're taking over I would certainly you know like to direct staff to continue about I don't think we're agreeing that we want to give up the property yet no and that's not what we're asking for I I would like to see more definitive maps and cover of the entire area that we can take a drive be played on council agenda and in the future for poor decision I guess what we can do councilman is provide the council with the mapping in sequence that our authors did the GIS office did the research on me show you the dates to the different annexations that that I Rick in the engineering staff researched I would like to see like i said mr. Reed clear maps in color showing the area that we're given up for training and taking great because I do have some concerns out there i would i would also like to invite you november 16 today thirty in the morning if you can it be available we're going to meet at the weather station and that might help having your input to would help us greatly but if you're going to attend let us know because if there's more than four will have to talk what what is the meeting into weather station that's our ET je meeting with the other city representatives in the county jail and this is a cat this is a judge all bro initiative that he started about a year ago and so it's a you know it might not hurt for some of the council to come I thought that was on the twenty second person stand corrected the 22nd is it meramec motion that we direct staff should move forward with the DJ swap for councils consideration of future council me okay councilman Collins made a motion for staff to continue to meet and discuss the ET je issues and roll but we're going to unsee it back in front of council again obviously it might be a workshop issue if staff talks to council and feels like it's something that that warrants an hour or so of discussion will move to a workshop council and Jim Nelson that is your second you insert it okay any further discussion hearing none please vote for izz unanimous motion passes item 10 f consider taking action to authorize the mayor to execute a professional services contract with Wallace Robertson thought to perform professional planning services toward the preparation of a rewrite of the sign of wood glue for approval Councilman Jim Nelson's made motion to approve the councilman chris sentence from the second that motion is now open for discussion hearing none please vote for izz unanimous motion passes item 10 I consider taking action on approval of the parks and open space master plan push recruit councilman Chris Emerson has made a motion to approve particular councilman Mike Barbour second that motion is now over for discussion nobody mayor I do have some concerns but do we have a second reading on this is this city ordinance no the next one this is just the plan so that it's not a more but I do have concerns because I think that we really need to workshop this issue before will prove the claim a master plan again okay just be clear this is this was a just look on my background it has been through parks board unanimously approved the plan january twenty third and then P&C unanimously approved it back in march that's mr. Severson of the workshop we didn't have workshop back in november 14th of 2005 meeting along with the joint workshop with the Planning and Zoning Commission of City Council and a Parks Board has there been changes no changes forever no sir and the marsh board approved and unanimously in January 2006 and the Planning Commission actually approved it in March of 2006 and I'm at the park for Denise this plan in order to start getting new grants in and they really want to get this crew so they can start getting some grants into some part work but why does that stop married that's good for Texas Parks and Wildlife has a requirement that you have to have a parks plan is no older I want to say five years and it's been since 1999 255 since you've had a parks national plan so we haven't had any grants from no sales no sir you haven't applied for any any new grants in a while because you don't not going to Texas Parks and Wildlife because you don't have an updated parks clean thank you okay the most on the floors by counseling Sanderson's who approves seconded by councilman Mike Barbour with no further discussion please vote for its unanimous motion passes item 10 Jay consider take action on an ordinance amending ordinance number 200 356 section 102.5 110 2.59 article 2 of the city of League cities code of ordinances and title parks and recreation areas some of helping Jim Nelson play the motion to approve seconded by councilman chris henderson it's open for debate we're the only question I have is get to it it's the it's the area in there that talks about the time that 102 dash 56 and mr. chambers maybe you can kind of mr. Cheng and help you if you could just kind of tell me the significance and what that what this section really means 102 dash 56 or says land shown on a subdivision master plan by a developer for a major recreational center school site park or other public use shall be reserved for a period of one year after the preliminary plan is approved by the sea what's the significance of this um man can with what we've seen happening in the past is that you will get a master plan approval developer would have a master plan approved and he was set aside land or those particular uses that you so mentioned and then would revise his master plan and those uses would move or get lessons so this is to make sure that for a period of one year we know that that land is available for that development and then what we've done in the subdivision orders to try to make all these ordinances work together is now if that master plan changes to the extent that that land shifts we have to have another public hearing and notify those surrounding property owners so you don't move into a neighborhood thinking that you're going to have a park and all of a sudden you don't have part it's something else in that period well I think that's great I'm just concerned that maybe one years not long is not long enough and when if the master it says the hood is the master plan so if they revise their master plan and let's say remove wanted to remove a school site for example after one year they can does this say that they can do that in our one year they can then what happens is because the this section is also within the subdivision ordinance the parks section is 10 chapter 1 or 2 is also our subdivision ordinance so then that would kick into the river what's with all solar guys right so what we've done is we've written into the subdivision ordinance which is chapter 10 to that if that does change then you have to have a public hearing which we would notify the surrounding property on us so that people in the neighborhood know that there's not going to be a school there is the identical towards it says here yes we what we've done is married the two the two ordinances they were very competing at one right now as they currently stand there very competing although they're animals in there yeah this was in the previous one right and and it's still in the current one and I'm just concerned that that's that's it doesn't where does it say in here about the public hearing doesn't in this section of the subdivision orders when you get the new revised subdivision ordinance which you'll get at the next council meeting you will see where we piggyback with the tooth but if it's identical why don't we just have it the one because the P&C was still working on the soap it's the same ordinance chapter 10 2 is the subdivision ordinance this is just a portion of it okay the parks playing parts ordinances a portion of the sub provisional okay thank you motion on the floor is by Councilman Jim Nelson to approve seconded by councilman chris henderson and with no further discussion please vote for izz unanimous motion passes mkay considers a catch on the approval of a requisition for the upgrade to the current meter reading system laptop as well as an additional handheld meter reading device remove hello Jim Nelson's made motion to approve very second that motion and Councilman kinis second that motion open for discussion well the question is was why was it this one it's a legitimate don't know if that's a good question real heavy idea in fact you should I'm not sure should have needed to be on the consent agenda but I don't think it needed to be on our council yeah so we'll talk about that but for now it's a it's a good question so crispy note that please we've got it first in a second and with no further discussion please vote for is unanimous motion passes item 11 consider take action one ordinance amending chapter 22 the city of League City Code of Ordinances entitled the buildings and building regulations by amending article 7 section 22 33 1 through section 221 335 we're to approve for discussion councilman cosmic motion to approve seconded by Councilman John Keene emotions over dispense announcement Pelham's para have a question for mr. lenders this kind of song I agree with most of the change but we're taking out the duties of the building official is better by looking at the exhibit under exhibit a this exhibit a is your new city ordinance which ER you're trying to pass correct yes sir and you're deleting section 22 dash 331 all the way through 335 is that correct that's correct okay and then we're replacing it with the new world with the new ordinance but it it took out some of your the only thing I'm concerned way to check out some of you languages of the duties of building officials I mean I understand what the intent of the code is trying to improve the substandard buildings that we have in our city and so forth was their reason why we took out 10 23 32 but those sections will also be addressed and unsafe structure building section that's also kind of being adopted in the section 108 it in that section it's not actually in here for reference by reference and what that does is that gives some of those powers back to the building can you can you show me where you're talking about under exhibit area you're saying yeah under unsafe structures definition there's a definition for that and then it goes through okay surely sir well i'm sorry i'm giving you misinformation that's not that just defines unsafe structures yeah that was my concern Shona it looks like that we may understand it I mean I'm not exactly what section are you referring to where I'm taking away the powers from us well you're taking away section 22 dash 332 duties of the building official yes and you're you're taking that entire article out of the city codes and you're adopting section 25 30 31 minimum standards team but there's nowhere in here I see worried is defined in the duties of the building official back into the new code number some way I love them I'm somewhat concerned it looks like you made a lower right here where it talks about hearings I mean that it's given me the powers to schedule their hearings and to bring everything forward in 22 33 34 talks about hearings the building official may schedule here in the for the Zoning Board I mean basically what this ordinance is also we're going to do is the board is going to make the decisions on what substandard and what's not I mean it's taking a lot of power i would say yes it's taking a lot of power away from the building official and in the built in the city staff of determining this is substandard we're going to go out identify those items those properties and then we're going to bring it forward to the board and the board will then make those decisions so it will actually be a board of citizens making the decision to this staff and i agree with that i agree with the new ordinance the only thing I'm concerned with you are taking the duties of the building official completely out of the ordinance and I don't see any reference in new ordinance that it it gives you that definition of I mean it states here at the building official she'll perform such duties as directed by the city council mayor in the city administrators order about the Thunder adjustments your articles are one of the sony Gordon's that was adopted last year there is a total subsection in there that discusses the building official and his powers and duties we move that section to the zoning ordinance that you adopted last year what okay so it's not in this order yet but different okay I guess the only question I have is in that same where you just brought that up Shawn I guess it's the building official shale schedule I mean that's the way we're going to determine all right that's correct the only way we're going to de transcript so it's not really you may schedule or going to shell and we want to give everybody their due process good intent of this ordinance instead of the city staff making those determinations and then get challenged in court we would rather give them due process through Z be a lezzie be a determine that it is substandard and they even have the ability to decide timelines on when something needs to be demoed or if they get time to come bringing it in compliance there's different elements that gets the board the ability to accomplish that way and they they'll determine that through the definitions of unsafe structure yes sir and through your the information that you provide and the owner will provide that's correct I mean the old ordnance why we went through this process that old ordinance was very vague and it left a lot of area for liability for the city I mean if we I went out and filed a lien pour down somebody's property really we were it was very vague on how that was taken care of and we wanted to make it more defined more pronounced in this ordinance we're actually a substandard structure is very defined in this ordinance okay let me just take like the very first one b1a it says when any door I'll passageway stairway or other means of exit is not sufficient width or is so arranged as to provide is not so arranged us to provide safe and adequate means of exit in case of a fire or panic what's the width the code requires 44 inches in most instances it depends on if it's a residential use of commercial use I mean will fall back to the building codes that for those definitions I mean those those Wiz and doorways number of egress doors all that stuff's in the building codes themselves and we'll be able to fall back to those codes to make those determinations on how wide it needs to be here items like that 44 inches for a commercial uses of egress with this 44 inches and this stills with commercial and residential and residential I mean this is any substandard structure could be a commercial building our residential building for residential use it's usually 36 inches for a highway our first stair motion on the floor by Councilman cones to approve seconded by Councilman teeny with no further debate please vote for unanimous motion passes they keep item 12 there's 9 13 there's nine item 14 the mayor's comments of just a couple of quick things I'd like to say that chief Daniels put on a an event this weekend this past weekend for the veterans day work with very closely with John Kilgore and unveiled a monument to all of the fallen heroes that have lived in league city I believe there were nine and I know that a previous administration previous council had approved those funds and I think it is an absolutely magnificent gesture for us and again the backbone of the city is is the people that live here there was a great turnout Keith it was a great event I know you went to great lengths to do that and thank you for your efforts the only other thing is for all the people that have asked I got my hair cut by the Chamber of Commerce because they got 125 new members I'm not sick if thanks for asking just when you thought I could be better looking at what can I say however my new challenge to the Chamber of Commerce if you're watching is that I now challenge you to nobody in the chamber get another haircut and so you get another 125 minutes so challenge issues with no further issues 16 17 as there are none this meeting is a jerk you {00:00:30}	INDEPENDENT
1	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	UbL-PG4H2kQ	League City Council Meeting for October 24, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	149.816667	2011-04-25	12	2006-10-24	{00:00:24} alright alright let's welcome everybody we've to the city council meeting of the League City Council on october twenty fourth at six pm and let me call roll please Gary Schultz here Ted Nelson Mike Barbour affirmative Tommy cone here Chris Samuelson air Phyllis and boy here John Key me present Jim nill ever very good item number two we will now have the invocation pledge of allegiance to the flag US flag and a pledge of allegiance to the Texas flag our invocation tonight will be by Pastor John Newsom from Bay Harbour United Methodist Church you must be the new a new pastor I'll have you been there six more for months all months okay I don't go there go otherwise indicated haven't been well we'd like to recruit is that clearly not the text now would be a good time to turn off all the cellphones and let's pray well father God I thank you for the city and I ask your blessing upon those who govern it Lord we asked for that this would be a haven of peace Lord a place of prosperity for its citizens Laura feel thankful for those who do serve and those who serve in the police department on fire department we asked your protection your blessings upon them also and lord I also ask that you just give divine wisdom for the decisions that must be made some are very mundane but some may be are very important Lord they affect the lives of the citizens of the city and so I ask that you just guide and direct this City Council the mayor that it will make the right decisions and that things will go well and continue to go well in this city thank you for the privilege of being a citizen in the city of living here Lord and I thank you for all that you're doing and blessing this city and I ask all these things in the name of Jesus Christ amen I of the United States of her and to the Republic for which it stands one nation under God indivisible with their routines okay we will now move to item number three approval of minutes we have sep tember 26 regular meeting and october the third workshop are there any changes to these minutes hearing none these minutes or so approves item number for appointments proclamations presentations and awards I show none item number five public hearing and action items from public hearing a hold the public hearing to consider proposed assessments against phase five properties in the city of League City Public Improvement District number 2 victory lakes established by City Council resolution number 99 dashed 61 we will open this public hearing at 6 05 anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at 605 and move to item number 5 be considering take action on the approval of an ordinance to levy a special assessment against phase five properties in the city of League City Public Improvement District number two victory lakes established by City Council resolution number 99 61 very rude to approve council McCombs has made the motion seconded by Councillor Mike Barbour this item is now open for debate councilman garlic that can just ask mr. Han's a brief cushion for the record my name is david hassan the executive director of the victory like stars and kid from Houston Texas thank you what one question i've had since the last time you and I've seen each other and we'll see each other I guess tomorrow a new record mean the sound barriers that are described in the financing for each of these public improvement district assessments is that the five or five foot wall the brick wall is there something else that is considered [ __ ] the brick wall is paid by the tours and the pit both but is the ball along along walking ok the wall along walker and most of us paid for by deters and what's once they are built and constructed who actually has ownership of those and it's a pub it's actually in it's actually owned by the city ok so student to the city guide doesn't yes thank you very much ok it's a public improvement great Thank You anybody else on the pier ok the emotional floors by council McCombs to approve second by councilman Mike Barbour with no further debate please vote for is unanimous motion passes item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or a business located within the city or their attorney a statement of no more than 3 minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Jeff Hagan Oh mr. mayor's house members of council thank you for the opportunity of addressing you my name is Jeff Hagan I live on Finland street in the Glen Cove subdivision and I'm here this evening to express my concern with regard to some action over the bridge on seminole Road that I've only recently become aware i'm here to automate clear speaker might be own behalf this is a last-minute thing but i would like to acknowledge that some of my neighbors at last minute have also shown up and wish to let you know that they have similar concerns if you'll show your hands Oh proximately three years ago this bridge was condemned by txdot we were informed by letter from the city that this was the fact and that the bridge would be repaired text thought would be repairing it in the city was involved this letter established a trust amongst us that the city was keeping us informed of the situation and that we would have our bridge back and we'd be rejoined with our neighborhood apparently that this is this no longer the case there were some rumors over recent months that the bridge was not going to be replaced it was hard to find out what would happen I was put in touch with councilman Kenan who informed me that he had heard some of these rumors was uncertain to exactly what was going on at the time this was i believe the june timeframe and would try to have somebody from the city contact me nobody from the city had contacted me with regard to this and due to personal business I had not had the opportunity to follow up for a few months until I saw construction crews in neighborhood working on the bridge last week asked what was going on and they they didn't really seem to know but didn't sound like they're rebuilding bridge so I started making some inquiries again got in touch with mr. Keeney again who informed me that City Council had decided to allow the bridge to be demolished we've learned apparently the City Council was unaware that there was a neighborhood opposition to the removal of this bridge there is in fact strong neighborhood opposition to this removal the neighborhood was simply uninformed and the original decision to replace the bridge was going to be rescinded and had no opportunity to comment on this matter apparently this came up at City Council in January tent when I myself was actually on vacation and had I even been aware of it could not have been here I I want to make clear that removing this bridge is going to sever us from our neighborhood facilities I bought into this neighborhood myself a number of years ago thinking that I had access to a certain public park and access to a boat ramp I'm now going to be severed from that and experience a loss of enjoyment of my property that i had thought would be there given that i would like the city to reconsider this decision and given it the city still owns the right of way to this bridge i would request that the city keep us informed of any action with regard to this right away and furthermore that the city allows text stop to proceed with reconstruction of the bridge as originally promised to the residents of the neighborhood if in fact the city goes ahead go ahead Jeff you're speaking on behalf of at least six or seven people out here so go ahead and thank you your honor if in fact the city goes ahead with removal of this bridge against our wishes speaking on my own behalf again I certainly will look for whatever compensation whatever Avenue I have to receive compensation from the city for the loss of enjoyment of my property the severance from my neighborhood facilities and from any other encumbrances or adjust to my property value that may ensue as a result of this action of the bridge let's that's all I have thank you very much thank you Jeff Beck includes item number six we now move to item number seven consent agenda item 7a through 7l there yes sir I'd like to suspend the rules item number 13 council member comments forward council member Jim Nelson likes to suspend the rules and move item number 13 up I'll suck at the council member John kini has seconded that vote on that way through the battle net no debate no discussion on that please vote you can't discuss some motion to move up to suspend the rules of move up so but but you're fixing the talk so you talk there how you get opinion on how the vote goes let's say okay in favor councilman barber combs kini Jim Nelson and Phyllis Sanborn oppose councilman tad Nelson and Chris Andersen and so the item number 13 council members comments has moved up Councilman Jim Nelson power away all right first of all I'd like to mention the death of a former city judge judge web he passed away last week and his funeral will be this coming Friday I don't know it's going to be a jack row but I don't know what time you can probably call Jack row if you're interested in attending to find out what time it's going to be judge web is a was a very loved and admired member of our city and our our judicial here in league city and he's going to be sorely missed by family and his friends so if you couldn't make the funeral i'm sure that his family would appreciate it and the second thing on my agenda is the library items l the hall library will host the next family event in the Susan use memorial theatre on thursday october twenty sixth at 7pm Captain Jack Sparrow of the movie pirates the caribbean will be here to attend entertainment hell hall library sponsoring a free early literary workshop or child givers on saturday october twenty eighth from 8am till 2pm to 30 p.m. excuse me registration is required and will be accepted on the first come first serve basis friends of the library will host their semi-annual book sale beginning Thursday November second for the friends members only at five-thirty p.m. til 730 p.m. the book sale will open at to the public at Friday November third at ten a.m. to four p.m. and again on Saturday November for ten a.m. to four p.m. the book reviews for adults will be held on Thursday November night that 1030am and will feature the review of kite runner by imaging Christian and finally a evening book discussion group will meet on Monday November 13 to discuss any book written by Diane mutt Davidson on a personal note I would like to express my love and devotion to my wife of 46 years it's our anniversary tonight I love her very much and i hope i have another 46 years with you Thank You captain barber oh I wasn't anything but now I'll say Happy Anniversary chimp council McCollum again I like to echo councilman Nelson's comments about judge web he was a wonderful man a wonderful judge for this city I worked with him for many years it will be sorely missed mr. Nelson I'm not for sure why you're here tonight you may not have another 46 years official but again Betty out you're right volunteer for the city congratulations and welcome everyone out mr. Owens I got permission okay that's it council makini i just want to remind everybody to attend the south shore harbor wine festival it benefits the leaf city rotary whose main goal is the eradication of polio also contributes other various civic projects and the community and it's miss chambers if you are going to sip October 28 from 11 in the morning till 10 a.m. at South Shore arbor sauna shall Shore wine festival at it that's it congratulations thank you for us I don't think councilman councilwoman Sanborn ok good evening it's nice to see a large crowd here tonight a couple of things tonight it is red ribbon week here and lake city in throughout the united states our city is all decorating with red ribbons they look great we appreciate the students and in all the PTA and the volunteers that put those out also I'll November first I requested us or a workshop or we're having a workshop and I've requested that we review our smoking ordinance on that on that day it's something that we've been working on for the past few weeks and I invite anyone out that would like to come out that night and review that with us and give their opinions it's something that we started working on before there was so much publicity about Houston's smokin or another thing is I to say Happy Anniversary and congratulations to gym and Betty Nelson and as our minister prayed tonight and said it is a privilege to live in Lake City I want to second that it is a privilege to live in Lake City Thank you Thank You councilman Samuelson Thank You mr. mayor two things number one early voting has begun and although a lot of times people in league city are kind of apathetic when it comes to voting I'll tell you that as an attorney I can share with you there are some very very important elections going on right now for some countywide positions i would encourage you to get familiar with who your candidates and elected officials are for county positions County Judge positions things like that go out and exercise your rights early vote if you can but if you can't show up on Election Day and exercise your vote number two I want to thank the citizens who have provided me with many many many responses with regard to my request for information about the animal ordinance Ted ordinances for the city I've gotten a lot of responses good and bad as some I like some I don't but the good thing is a lot of people are responding i'm getting a lot of feedback and hopefully in the next meeting or two we should have an ordinance to present to the city to update our animal control statutes the hit that's it nothing else Manila just happy anniversary very good thank you we now move back to item number seven consent agenda item 7a through 7l this mirror I'd like to request that we consider 7a separately okay we will pull 7a for discussion the airport may I remind you that the staff requested 7lp no action taken okay 7f is off the table mayor I would ask 70v like David do you like boy like boy pool completely or just for discussion discussion for discussion on individual vote okay and seven e4 discussion sand that is d like David E is an era p is in Eric okay where h over okay h half of it yeah we're going to call it a consent agenda anyway it's now item 7c d g i j k and l it's okay i'll check in the poach a motion to approve what's left of the consent agenda by Councilman ted nelson seconded by Councilman Jim Nelson this is open for debate hearing none please vote before is unanimous so what was left of the consent passes we now move to item 7a considering take action on the approval of the use of municipal court technology funds for the security equipment upgrade in the municipal court lift your proof Second Council mccombs has made the motion to approve seconded by Councilman barber andis item is now open for today councilman Barker just real briefly if I need to educate myself on this one more time when do we need to go after bed on things is there a dollar amount that's a firm dollar amount above which we have to go up to did under state law it's anything over 25,000 under the city's own personnel I'm sorry city's own purchasing policies anything over 15,000 okay but the state over farmers please thank you I just was looking to clarify that it's a thanks look okay anybody else on the cube okay motion is to approve by council McCombs seconded by Councilman barber with no further discussion please vote for is unanimous motion passes we now move to item 7b consider take action on the donation of abandoned or unclaimed bicycle bicycles to bicycles a philanthropist philanthropy group we could pull that just so i'd have to say that though Phyllis brother's building philanthropic I just learned something tonight okay okay council because you want to read your motion specifically I'll move to your food somebody else has to say that okay i'm going to say counselor causes motion to approve and who was it seconded by Councilman Sanborn is second to that and it is now open for debate and Councilwoman Sanborn when I was reading my packet lastly and I read about this the reason for those of you that may not know that these unclaimed and abandoned bicycles are being donated is because our new Walmart some generously donated all the bicycles that will be needed for blue Santa this year correct chief Daniels well the walmart has donated the bicycles in the past we certainly expect you continue okay well I want to closer to home okay because the the sheet that I got said that they had agreed to donate enough bicycles and I think what a lot of times what you do they work on these and donate some of these bikes but my question was where are we what organization are these bicycles going to be doing well that that's the name of the organization the bicycles of filling profit group and they they are their nonprofit corporation is called Bay Area Christian services and they run lighthouse christian ministries so they'll go to children with in the bay area right there go to a lady deeply dear okay thank you okay anybody else okay motion on the floor is to approve seconded by Councilman together up Phyllis true I'm sorry barricade Emil go just a quick question do we do we identify these bicycles at all when we receive them like I must engrave something in them or serial number at widget we note there of course we log it in by a serial number or any other numbers owner applied numbers or so forth that they come in but we don't actually grade them ourselves okay hey John council would you check your button for a second okay very good all right okay with no further debate please vote for izz unanimous motion passes 7e considering take action to grant a variance allowing malik chiropractic health clinic to hang a banner across FM 518 groups approval for discussion okay council McCombs was made motion to approve a second little bridge okay councilman jim nelson has seconded that motion and it is now open for debate councilman Samuelson mr. mayor I ask that that be pulled just because i think that the citizens need to know why we would consider approving a a banner across a public highway to private business okay and so Larry do we know what does the banner say it's right here just some time you tell me just by years women's I'm doing which my understanding was it was a 501 3c and it was for a nonprofit organization that no I'd in a woman's dead calculating so the banner ID it shows in the background that is for a non-profit event so I assume that it's not benefiting Justi just the business i guess but for the nonprofit event itself even though it's sponsored by there's private business tryna i would support that I just want to make sure that the citizens understand that why it is that we would allow the sponsor being a private health clinic to put a banner across 518 council come there i don't think councilman simpson brings up a good idea i think we really i mean the information that we have here is very vague I mean the way I read it appears that it's about 11 to receive but or a nonprofit organization I think we need probably some clarification with that motion i would like to amend that motion if it does benefit amount of profit organization that we pass it if it's just a private business are looking at the looking at the documentation here it shows that sponsored by the health clinic i want to make sure that we're going to advertising for businesses that's all the office yes local this has all benefits yup goes to their journey point so i would soon your survival one but let's just clarify that in my motion that if it is a final 13 c 4 nonprofit organization that we accreted well now are you talking obviously you're not talking about the chiropractic lunch no no sir i'm talking about the event itself the event the event is supposedly a 501 3c the sponsor is a private business i guess that's the best dilemma depends on the background clear that it's a non-profit event with all proceeds benefiting by your turning point so which assume that is you councilman councilwoman sanborn is the Mallik Arctic health clinic located only city I'm getting a nod from the audience but you give me yes I'm giving yes from the audience let me show well that is where the Gateway Community Church is a short phrase would and friends with oh it's in France with what it says on the application well the business is in friendswood the church is in clear lake okay yes yeah underneath say Phillip council wants a morir anything else or no I'm just I'm just pondering the businesses inference would and this is taking place in clear lake I question to that that about put in the Sun all right okay councilman Mike Barbara yeah I appreciate all the concerns away i'll just tell you the way I'm look at this it's Bay Area women's day and week City women are Bay Area women I mean stuff that makes you feel a little bit better about it i think it is a benefit to rid of this community and the turning point serves them as well right that that would be my understanding so otherwise I understand your points councilman kini yeah just real quickly to reiterate the previous comments they're turning point serves women and families inland that reside in league city as well as around the area and I think it so it's a great thing counseling tad Nelson are there any costs associated with putting us out who puts it out we just may deserve street department go hang them sonic oh no sir hard mr. emergency plumber was a park board how many times here do we put streamers across 518 are going there do we turn anything it is any 501 C and they just do it everything have an event we have a rolls on as what I'm asking well the rules are just that they have to submit and requested women do those days so from the city and then we go to tech stock and request the permit from a week we go to tech stop yes sir so I mean how much for that means that thank you minutes minutes of them and and we only get about four times a year this is the second one in the two months I've been area sir park ok it's does it's not a problem for you guys well okay great thank you councilman jim nelson yes well this is a good thing i do i just think that but i don't like the idea of somebody's chiropractic health clinic in another city and their telephone number underneath this banner because we have chiropractic clinics in our city and I think that's we shouldn't be advertised for somebody outside of our so if they take that advertisement well sponsored by how I can support it but I can't support it with that on there I'm sorry I i I'd love to support it but not with an advertisement for a clinic outside of our city councilman the cabinets what is the date again November for let's see how the vote goes is this might be an issue where we want to learn and perhaps address the situation differently in the future without sacrificing a really great cause you know what I do agree with both the Nelson brothers whatever that is but but I would hate to I would hate to penalize a good 501 3c because we didn't have any clear-cut rules and regs councilman Nelson and he could use this of the learning experience for the next time Thank You counsel makini well I guess the question is is what are we learning and I guess if either stamp or the mayor would like to bring forth some proposal for qualifications design a banner you know that sort of thing and I'm not sure exactly based upon our discussion the night exactly what you would bring forward but I know that you know we again this is something that we need a policy on and if everything in the in the process of bringing that forward I guess you need to probably email the the no votes tonight whoever votes no go ahead and bring that for by I'm going to vote for it but I still have concerns also because of the comments that were made maybe we can clarify mr. Keeney effect nina ricci I think mystery has some information there is a policy on minecraft these issues but vendors I think also what a suggestion would be to have our special committee Special Events Committee take a look at all these banners and they can set forth the policy to see if council agrees on it that way it goes to the Special Events Committee before it comes to council a bigger thank you it's not so much I think the policy is probably adequate it's just when you have a private sponsor to a non-profit event that's that's clearly what we're struggling with so probably needs to run through the special events or EDC or somebody like that if they've exhausted somebody with the credibility of EDC has exhausted all private sponsorships in league city that would be great but I have to hear that from somebody like EDC me councilman Samuelsson I apologize to you because you were next on the floor that's okay what's right I agree with pretty much everything that we've all said so far and I think that exactly the problem is is that we agree that this is a good cause but I don't think we agree that a private business should have its advertisement on there as well but especially a non-local one the banner as it stands as a top section says Bay Area women's day Gateway Community Church the address the date the time then below that at the bottom says sponsored by Malik chiropractic health care for health clinic and a phone number i would encourage the movement to agree that we can hang a banner to support the event but not necessarily the sponsor as i'm sure they will have many opportunities to advertise themselves at the event and if they've already purchased that banner i'm sure that that bottom section could be removed from it so those would be my comments i would support it if we were encouraging the event and supporting the event but not necessarily the for-profit commercial sponsor councilman jim nelson yes if mr. combs would amend his motion to say that the banner could be approved with what the sponsor taken off I could second that and all due respect mr. Nelson I think that the banner is probably purchased if we're looking at October the 30th for the event to start taking place here so i would say in the future yes but i think this is a good nonprofit organization we are to support it I don't like the advertisement on the bottom either but i think what kind of crunched for time right now I don't think that I'm going to change the motion whole new perspective on the date rollers Leslie okay councilman jim nelson has withdrawn his second son will go second okay Mike Barbour councilman barber stepped up with a second and then the motion is still to approve as is the coolest addition OS that's assuming that very woman's is a is a 501 3c or as long as it's a nonprofit organization benefiting a federal wintry see you sir all you clear on that I have clear so they'll need to be some determination made before the banner is hung if it proves that they're not then the banner doesn't go up absolutely Thursday okay [ __ ] you Larry [ __ ] Councilwoman Sanborn actually all right you want it first I just want the city attorney to clarify who Keith was considering the they on that with this application i think was processed by the worst parts i would probably be within their bailiwick to follow up on know who's they who's the day it's that you're going to confirm is a 503 c place we're going to start it's going to be with the applicant itself malik chiropractic to see if they'll produce the information because they're the one that they're proposing okay but we're speaking about Bay Area turning point right that's right okay in which which they are in our community block grant do we give any money to bury this very turning point get any money from our community Blackburn yes they are a recipient of CDBG funds ok so the city we've already that will some point in time I think twice we have determined that they are 501 C 3 the Bay Area when this turning point is about once we'd be happy to provide information to support that to the public works department okay so steps has documentation but they will provide that very turning point is in fact a 5 o-130 see so the motion on the floor is to approve by council and co-executive our councilman Mike Barbour and with no further debate please vote for izz councilman Barbara Collins John kini and Phyllis Sanborn oppose Councilman Jim Nelson Ted Nelson and Chris Emerson motion passes and now move to item 7 h considering take action on ordinance number 2006 dash 92 to designate the name egret bay boulevard on FM 270 as it extends from Clear Creek to FM 646 this is the second reading club I'll make a motion to approve this for discussion Councilman Jim Nelson's made a motion to approve for discussion second segment of our councilman combs this item is now open for debate councilman jim oh yes we want to do is designate this on the North and the South portion of us with 518 being the dividing line anything south of 518 would be a great day boulevard south and north of that would be agregame of our North instead of just bigger Bay Boulevard says death concurs with that mr. Nelson because there are some same number of addresses on both sides thank you me thank you sir thank you so it's to approve by Councilman Jim Nelson segment seconded by Councilman cones is a second reading no further debate on a few so please vote for unanimous motion passes that ends the consent agenda item number eight with for some staff members mystery is to actually achieve Daniel okay I'm very pleased to announce that the Fallen Heroes monuments been delivered and installed and I like to notify everyone of the dedication for that Monument the Saturday November the 11th at 10am that's veterans day and this monument honors nine league city residents who've given their lives in the service of our country since World War one and I would also like to ask the public's help in trying to find family members for one of those fallen heroes and his name is richard joseph thompson and he died at Pearl Harbor and I would like to very much like to hear from a family member of his as I've been unable to locate any and that is a Thompson with no he thank you okay any further staff report okay please item number eight item number nine old business 9a consider take action on renewing the annual mowing services and channel maintenance contract may I make a motion to approve this contract with a 4.7 percent increase that's like a councilman kini say the motion to approve this contract with a 4.7 percent increase and that was seconded by Councilman Jim Nelson it's now with the debate hearing none please vote four is unanimous motion passes 9d consider take action on renewing the annual streets sidewalk and storm water drainage facilities repair contract mayor make a motion to approve councilman kinis made a motion to approve circuit Councilman Jim Nelson a second to that motion is now for debate hearing none please vote with american plate sorry okay counseling Jim Nelson expectedly the pervert you have a figure estimated figure that this is going to cost the city over the period of the year 264 165 it's a two-part contract one of its bulk one is imminent repairs did we have any money left over from last year we're using that right now is technically you need further questions hearing none please vote motion is to a prudent for is unanimous motion passes now move to item numbers 9c consider take axle enormous number 2006 dash 25 amending ordinance number 200 369 amending chapter 90 of the lead city code of ordinances by adding section 90 dash 1616 under temporary political science secondary Miriam to deny second council councilman Samuelson's made the motion to deny seconded by Councilman tad Nelson this item is now open for debate councilman Ted Nelson the same breed are not for the suspect it's very pretty plate right now with two weeks to go before the November election there's political signs everywhere heck I've had political signs put out but we could at least save city property from this nonsense it just it just walked everywhere people want to put that in front yards that's fun they shouldn't be able to put that on city property okay councilman chris dammit i agree with mr. Nelson which is why I voted against this last time I think that the one place people should be safe from having to be subjected to campaign signs and campaign materials is on city property i think it's an inappropriate place to display campaign materials and I think that we should vote this ordinance down Thank You councilman Tom again i'm in favor for the simple fact that this is only for election day I think notifying the people who is running for far as an important thing you know we just recently changed from voting at schools to city facilities in city city owned facilities if we had a strong commitment not to vote or have the people being political at city facilities we shouldn't have allowed our facilities be polling places I think it informs the public it simply allowing them to put them on the city property instead of in the right of ways like you see at the fire station number four on Barry Boulevard to me it makes sense only on Election Day and that's why we drafted the ordinance to just say only on Election Day not any other time councilman Sanderson again I think it's just the one place that our citizens are you safe from having to be barrage with campaign materials and campaign signs you walk into city property it should be a safe nonpartisan non-political place to exercise your right to vote campaign signs and propaganda have absolutely no place whatsoever on city property councilman kana and again due respect this has nothing to do with the propaganda or the brochures handed out at the city polling places is only the the political signs to notify the public who's running for office councilman keen I guess my question is of the city attorney is have you reviewed this ordinance changes yes I and do they does it in any way conflict with state ordinance regarding handing out posting signs or anything no sir out of state law electioneering is prohibited with any hundred foot distance from the entrance to the polling location and that way which is actually included in the language here so it's really just doing the same that we've done every year except now that we've changed the polling places two more for city property were just continuing what we've done in the past with on school property well right what you're doing is creating an exception to the existing ordinance which prohibits the pipe in a campaign but here on election signs and city property captain Ken Nelson I just wanted to bring forward that we do have a hundred foot marker line and anything beyond that should be available for use by political signs of the candidates that are running it Thank You the motion on the floor is currently by Councilman Samuelson pardon me to deny and is seconded by Councilman tad Nelson so with no further debate please vote I'm sorry through the queue please vote again keep going till we get 90 k 4 i'm sorry opposed his councilman Tommy comes John kini Jim Nelson and Phyllis Sanborn four counts from my barber Ted Nelson and Chris Sanderson's fair make motion to approve this ordinance ok councilman Combs has made motion to approve seconded by Councilman Jim Nelson any further debate on this issue hearing none please vote motion to approve counseling barber combs Keaney Jim Nelson and Phyllis anvil and toes councilman Ted Nelson and Councilman Samuelson motion passes item number 90 consider and take action on reinstating funding for all meals for boards and commissions meetings which were funded prior to approval of the fiscal year two thousand seven budget glued to a proof councilman jim nelson has made a motion to approve a circuit seconded by Councilman cones and the idea is open for debate councillor kini i took longer for be also it was always taken out of previous fiscal year yet prior to the previous year district so it was never in the budget Bell sir it was not in last year's budget okay but there were you know their source I think seven or eight volunteers have served on that board and it's always during the dinner hour and appreciated mr. Nelson would add that back in as well yes sir okay so motions to approve then I'm in my ok well the Russian to include for beat cancer council Macomb second second did that okay and Councilman Jim Nelson with that death may I know but you're on the kid is long story okay I was going to mention for the hook it up take himself off the queue problem okay with no further debate the motion is to approve adding back to Mills for the boards and commissions members and adding 4v with no further debate please vote for is unanimous motion passes with Councilman sandals on out of the room Mary point of order don't stab would like some recommendations on funding also that was completely cut from all the committee's budget where I'm getting a look maybe I should find it yeah how about yeah how about we immediately ello staff level tomorrow and we'll make a recommendation of the council let them know what our recommendation isn't where we're going to get that money sure okay thanks three million dollars worth of reserves item number ninety consider take action on amendments to chapter 78 of the quarter-boat code of ordinances of the city of League City and titled peddlers and solicitors boo boo Councilman Jim Nelson's made a motion to approve a second Councilwoman Phyllis Sanborn a second to that motion is now open for debate Councilman Jim Nelson yes mayor as long as this just excludes the newspaper situation that we had some while ago we did have a peddlers and solicitors ordinance many for many years prohibiting solicitors coming around soliciting things at people's doors in the various subdivisions and in the streets of the city however after we did away with the ordinance when we had the problem with the newspapers one of the subdivisions have been inundated with these peddlers so I heartily recommend that we approve this council McCallum thank you mayor mmm it was my understanding when we took this out of the city or just conflict with the city ordinance I guess my question would be to mr pongco this is the original Turner against the original city ordinance that we had back in 2004 do you see any conflict now today with the capital city ordinance right to clarify what I've handed out is a copy of what existed on the books before the revealed section 78 39 still exists so everything was repealed except for section 70 39 which had to do with the sales in the roadway do you foresee any any areas that we need strengthen well the ordinance to add if anybody I do if anything I guess we need simply solidify and make clear that what was intended in the ordinance was that this was limited to commercial activities I was I'm confident that it already hasn't language in there and that it's restricted only to personal activities but we could certainly bolster it the other issue that you have to understand is that the case with the Chronicle is still pending and where it's actually set for oral argument and Fifth Circuit sometime of december before we do anything before we adopt the ordinance that brings back any provisions of this ordinance my recommendation is going to be that I scheduled a meeting with judge Kent who still has jurisdiction over the case to inform him as a courtesy that what we're doing is in no way shape or form intended to go around his injunctive order and I would certainly welcome the attorneys for the chronic lift the Daily News to be there to do that should we not maybe postpone this item since we're passing an action item tonight well you're not and bring them back to us I prada I think what we were looking for from the staff will particularly for my office was direction from the council as to how broad how much of this they wanted to bring back whether they wanted it to be simply limited to the hours in which solicitation could occur or did you want to go back in and put in provisions that require applications for permits bonds background checks and so forth so we got tonight's discussion or tonight's agenda items really to get some feedback from the council as to what direction you wanted to go and then we would bring an ordinance back for your consideration but what we're passing tonight is we're checking an action item of amending chapter 78 of the coordinates with this current ordinance that does not have all all of your suggestions that's my point I'm I said we agreed that we need to make it strict that we need to make take a look at the entire ordinance but I would hate to make a first approval tonight and make several changes on the second one well what you don't have any specific legislation in front of you time to pass once again this was just something what is this that Mississippi as an information and purpose just it just shows you had currently ranked Frank we're not letting each other's by port we're not trying to no sir reinstate this is Lord and censor ignored especially okay then then let me clarify exactly what councilman jim Nelson's motion has well I'd like to adopt this this article so should should you have possibly amends your motion to say that you give the city attorney you know confidence to continue working on it yes so we're all clear yes okay little bit and Councilman Sanborn are you going to maintain your second or I'm going to maintain one second but I request okay I'm not up till right and what ahead yeah council councilman Sanderson's next I'll have the same word go ahead of me seduce him okay it's right man well this has been a repeal correct all but section 78 39 that's right I don't know if we should do this tonight or if we should wait in workshop it we do have a workshop coming up or a couple of over the next couple weeks I would certainly go with the recommendation of our attorney but there are parts of this I don't mind a scout coming to my door I don't mind a little leaguer come to my door I don't need anybody knock on my door and try to change my religion I know just where I'm at with my religion I don't need people coming out of Houston being dropped off by the van loads coming through my neighborhood knocking on my doors and I don't need people trying to get better changed my electricity over and other things like that and I think that that is what we are trying to prevent is solicitors of that nature and and we're not trying to prevent anything that involves children and youth I don't think that's the spirit of the ordinance and I think I would support that tonight I'm I'm waiting on the appeal is to come back on the newspaper solicitors in the at 45 and 518 I'll tell you why when I was going to get hit one of these days down there because they are out of control running a cars there thank you okay this is officially a workshop item now we'll continue to run down the cube at the motion by Councilman Jim Nelson is to approve the city attorney to continue to work on it and in that that will be we will also workshop it so we can hammer it out after oral has a final product and I assume you probably go ahead and speak to judge can and then bring something back to absolute great councilman kini well I'm not sure if we can stop anybody from coming in wanting to change our religion or or that that sort of thing but we certainly don't need the barrage of people that we have running through the neighborhoods knocking on doors of my direction to the city attorney would be that I want this to be as tough as possible to prevent commercial solicitation in the city of League City there's plenty of ways that contact can be made with potential customers in the city of League City and that's even even by joining the chamber and attending chamber events and whatever it is there's all kinds of ways that we can that commercial vendors can make a contact either through mail or some other type and I'm sure that there's plenty of or do you think you feel that there's sufficient case law that you can review and and toughen this up more than what it currently is the principal case is a 2002 US Supreme Court case called Watchtower Bible which basically said that as long as you're limiting your permitting application process to those engage in commercial activities you're fine so you're saying that if someone comes and they're not in a commercial activity that can we still put ours now that was the other issue that was addressed by the court in that was that whatever restrictions you place on the time periods in which they're permitted to do it they have to be quote unquote reasonable and what I what I gathered from the case was that you need to coincide with dusk you need to allow a certain period of time within which they can engage in their activity after normal business hours but before the Sun is actually going down its past darkness so there is a there's not a real heart and find test that the court laid out but reading between the lines if you can structure it so that it's it's at parallels you know certain meteorological benchmarks and I think you're fine okay and what about the background checks that makes me nervous when you start implementing that that wasn't a part of the case there are cases that do talk about that being a part of your application process once again if you're really restricting it only to commercial activities you're probably ok but I would really want to look very closely including that in your in your word is ok what about does the company get the permit and then let's let's just I'm not going to let's say a company wants to solicit door-to-door and they'll come to the city and if we make it so that they'll have to request some kind of comment on that permit I'm not sure if you're uncomfortable with the background checks if you think we can get that through but what about at least listing the name of people that will be doing the solicitation on that program well I agree with that because any framework that you bring back in any permits that you issue and any identification cards need to be tied to a specific individual so that because though there will be some identification car they had to be identification card issue and that was part of his organism and that cost can be charged to the vendor of themselves yes okay that's the kind of direction that I'd like you to go personally councilman Sanderson you know two meetings ago I mentioned to all the citizens that I intended to try and help push through some type of restrictions ordinance dealing with the door to door solicitation little did I know that there were others that were heading at the time by chris reed bottom line the people who are out there door to door knocking on doors trying to raise money not for non-profit reasons or Cub Scouts or spat you know after-school sports but people who are trying to sell you you know art and you name it they know that we don't have an ordinance restricting door-to-door solicitation right now and I could tell you that I don't necessarily know about all the neighborhoods in league city but in my neighborhood we've had her an amazing spike in the door to door solicitations and I happen to be the HOA president my neighborhood and I get calls at least once a month from some nervous housewife or somebody saying there's this person that doesn't belong in our neighborhood knocking door-to-door and they were rude and they were aggressive and they scared me and will call the police and you know the problem is is that when you call the police the police can't do anything because we don't have an ordinance on the books right now and I know that chief Daniels and some of the officers from the pd have come to me personally and said please give us the authority to do something about these people and I agree with mr. Polanco that when we start saying if you want to sell door-to-door you got to fill out a permit an application and you got to get a badge an ID that we're just asking for trouble and ask him for litigation but we can impose reasonable restrictions on people going door to door what our can you start in the morning what our can you stop at night you know there are things that we can do to protect our citizens but one thing that I do point out to all of y'all who live in our city is if you live in a homeowner's association in an HOA you can make those restrictions yourself as an HOA and you could say this HOA this neighborhood that I live in we don't allow door-to-door solicitation and you can pay some money and post some signs at the entrance and the exit to your neighborhood and if people come knock on your door and try to sell you things and you don't want them there you can call the police and you can complain that these people are trespassing so don't wait for the City Council take action in your own local community your own Association your own neighborhood and determined for yourselves what you think is acceptable and not acceptable but know that beyond that your City Council is working to try and place some restrictions back on the books for our general overall community but don't wait if you have an HOA board meeting come up past your own restrictions and you can call the police and if you have an order you know if you have a restriction on the books you can let the police department know and they will come out and they will assist you that's a help from Ted Nelson and mayor what I'd like to see if we could have workshop this to about 30 or 45 minutes before one of the other workshops so all seven of us they kind of remark or directed rather than chasing one or two directors from different people and let's see what all seven others things everything excellent and i would say in the meantime prior to us setting it because we do have a pretty good log of the workshops feel free to email mr. Blanco at any time with your suggestions on this and he can bring you know product to the workshop it's now almost complete council makini well the only reason I brought this back was you know we can wait until we workshop it I'm not sure when that's going to happen but then I also you know just a second ago I believe to see attorney said that we could require badges but then I hear another council person speaking saying I know that the city attorney has concerns about that so mr. City Attorney do do does the city have the ability to enforce and uphold ordinances that we require issuance of solicitation permits for commercial activities and my answer is going to be a conditional yes and the reason I say conditional is becoming things conditional at some level I guess your current because the Supreme Court case is not a direct not directly address that facet of the ordinance that was not a component of the ordinance that was under attack in that case and so I can't say the Supreme Court either like it or dislike it there are other cases that talk about it which is why I'm saying I agree that we have the police power to do it I just want to make sure that there is it is supported by case law oh I agree one hundred percent I you know my final comment is that I don't want the city to enact any legislation that it can't with that can't uphold judicial challenge and and I would hope that there's plenty of case law on that either federal or state for the state okay with no further debate on the cue the motion is to consider is to approve it to continue to work for Arnold to continue to work on it and bring back to work supper the summation very good with no further debate let's please vote to vote it to bring it back to work shop so we can finalize it and then ratified fours unanimous motion passes we now move to item 10 a new business considering take action on possible reimbursement of a fortune of compression calls for utility extension along clear creek avenue Vera so moved County Council makini has made the motion to approve seconded by Councilman Jim Nelson this item is now open for debate councilman councilman Guinea I'd also like to see that the city attorney given that the code appears to give the city the option to correct this deficiency so we don't have to take care of this each time it comes up i like the city attorney to approve that and i'm assuming that given that the fact that it would take a public hearing it would have to come back before council to set that public hearing that's correct okay thank you with no further any further debate we are leading some clarification I guess by mr. Keeney the motion or actually the agenda item that was prepared was to either authorize a direct reimbursement to the to the property owner or alternatively to pursue the public hearings and notices that they detect place before you can assess a property owner so I guess for the record we need some clarification well of course I'm making the reimbursement to the property owner sure acha kiya requesting authorization to reimburse the operator now correct okay okay and Jim Nelson you yeah okay and set it okay with no further is there any further debate hearing none please vote for gene animus motion passes item number 11 a considering that action on an ordinance of ending ordinance number 200 524 to rezone approximately ten point four acres z 06 18 Randall's request number two from neighborhood commercial to mix use commercial legally described as a portion of the john dickinson lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 emotions are a second Councilwoman Sanborn has made the motion to approved in the second by Councilman Samuelson this motion is now open for debate councilman barber I just wanted to stay for the record I had we first saw the request to change something from neighborhood commercial originally for general commercial and then subsequently for mixed-use commercial being given its location I was never really in favor of that because I feel like that's a good land use we had it right however in meeting with the applicants looking at their plans and understanding the PMZ would use great care to make sure that most the concerns brought up by the community about what eventually go here will not happen and you know I feel like everything has been addressed even though there are things with in the commercial mixed-use that can happen I have sufficient feeling to believe they will not and so I will be supporting this tonight but I do ask marion and especially if others feel the same way to discuss what's the p + z we can't stipulate anything but we have a strong belief that there should never be anything such as a multilevel hotel which would be it's allowed in the land use of CM things like that and I know they don't have a lot of clarity what else what all would go there but I ask that you pass that along I think they would probably have that feeling even without our stating so up here but so and the other thing is also maybe with property owners the of another concern that came up from the community had to do with the establishment of bars that would be alone and it is my understanding that for for an establishment such as a sports bar those kind of things were greater than half their revenues are derived from the sale of alcohol and on-site premise consumption that they would not be allowed due to the buffer required by law to the school and I have a nod from Mary chambers and I think our city attorney is unless he corrects me that is my assumption so some of those things that the neighborhood is justifiably concerned about cannot happen so this would not affect that so I think pretty much we have a good plan on going forward and all the people who came forward previously I think your concerns are heard and I think we won't we won't have any of those problems surface as a result of this proposal zoning change Thank You Councilman Jim now sir yes we had originally approved this and told disapprove this rather and told the owners to go back and bring it forward as a commercial mixed-use and so they did and then objections came up and not even brought on the table last council meeting I really believe that this is good for our city it's going to bring commercial vendors in velocity on that on that particular property and I think everyone should at least give a good [ __ ] to approve councillor firsthand I think that the reason why this failed on the first go around had to do with an incomplete presentation I know that most of us up here since the last meeting have had the opportunity to meet with the applicants and I would like to invite the applicants up here to address issues right now that have to do with buffer zones and providing adequate space between the landing neighborhood and the commercial development on a 518 mr. nagger am I saying that correctly close enough you it took the time to come to my office and visit with me and show you your drawings and your plans and I would just ask that you give us a brief summary of the that includes information we didn't have available to us last time about the amount of land that you're actually seeking to develop versus the entire size of the track that's there I apologize in advance if I don't use this correctly but it I plead us Wow you may I guess the one concern that came up was there was a misconception first of all that this was going to be a 10-acre gas station this is not a state your name for the record is Rob nagar okay thank you around where we were proposing fuel station to be would be on the corner and that occupies approximately 68 70 thousand square feet so just roughly about an acre lilburn eight acre and a half of the 10-acre site we have been in discussions with another single tenant retailer that would building next door small multi-tenant building of about 50 200 square feet and we have we're not sure what we would do with the remaining that we've had some discussions with different people and the remaining portion of the site and i think the other misconception was that our site was immediately adjacent to the neighborhood behind us in fact there's a vacant four acre parcel behind us that is as an additional buffer between the back to the back of our site and the neighborhood proper I think that was that was some of the concerns that were brought up last time if I'm missing anything I encouraging but it remind me so when you look at the intersection there of a landing Boulevard and 518 that you're seeking to build a gas station there on the south side of 518 on the east side of landing Boulevard correct correct and directly across landing Boulevard on the west side is an existing fuel station correct and across 518 on the north side but the east side of landing isn't is a third fuel station as well correct okay so and then on the the remaining corners of CVS pharmacy so your proposal would add a third filling station to that intersection correct so it's not necessarily inconsistent with the uses that are already there now moving east of the fuel station closer to the school you've got letters of intent for some other customers or purchasers to to develop that land and none of those uses are things that have been voiced to us as being concerns earlier about you know a sale of alcohol or sale of firearms or anything like that in fact they know one you couldn't develop that land for those with that proximity to the elementary school we could not do a bar as mr Barber mentioned previously that's sold more than 51 percent of their sales were derived from from alcohol so we could do a restaurant such as a chilling that has a bar inside because they derive more than 51 percent of their revenues from from this from sell food so yes you could have a Chili's restaurant or a fridays restaurant that has a bar inside that they they are primarily a food establishment but you're restricted in what you can do with that property because of the fact that there's an elementary school directly across the images we are so we can only have certain types of businesses go in there correct now when I visit with you the tract of land directly behind what you've got under contract along 518 you've got a sketch there for a potential church that you you've had some conversation we've has a church nothing firm I mean we've had we've had inquiries for from one or two church facilities we just don't know at this time what would be developed we wish we knew one hundred percent but we just we don't know at this point okay and then to be clear behind that the drawing Apple directly behind the church is a four acres bacon track there's another four acres that you don't own it i don't have undergone on track don't have it don't have any desire to purchase okay all right Thank You councilman barber just one more question thank you for staying up there um how we talked about I know this process of strike down considerably for you and I know that your this is time sensitive stuff are you aware though I didn't get a chance to discuss this with you this being the first reading of the ordinance so unless the council did a first and final tonight this would still have to come up and are next regularly scheduled meeting is that acceptable to you or are you a it could possibly it could potentially I don't know that i'll have the additional time if there's any way to do the first to file that that would be the way we would prefer to go okay um with that said I would hope that anybody would be hesitant to do so would take their opportunity now otherwise i mean if i don't hear any i will make a motion that we considered you to do it on first and final I have one more personal like you councilman the Sanborn are you prepared to change that yeah I believe that this has been going on since june the tent is what I over it with the original council many more counts as yes but the process itself start right mushroom right much sooner than that but we council voted on initially on jun the tent and asked you to go from neighborhood commercial to commercial years Creek I would amend my motion ok councilman councilwoman Sanborn is going to a mentor motion well actually there's two motions now you'll make the motion to reduce to pass this on first and final yes sir and so again seconded by Councilman barber so now it is now open for debate on whether or not to pass this on first and final councilman kini I guess since I didn't have any opportunity to know we will come back to you you're still on being in it I'm trying to figure out what's the necessity for doing this on first and final is it is it just because we don't have you know the last time that we were here you know we had a citizen that got up there and threatened that he would make sure that none of us got reelected if we did this one if we went ahead and voted this through and and then there wasn't even a motion made to either deny or approve and and I certainly have you know what I wanted to see was exactly what this a sight drawing is what I wanted to see I hadn't seen it yet and so I'm still just trying to figure out if we're going to do this on first and final why why do we need to do it on first and final I've just been passed a note that says issue is financing by the applicant they are out of time we are out of time okay well I spoke with you and I speak with you this was it last week unless there's last Thursday and at that point in time you made no mention not one mention throughout that whole thing of a dis need to do this because on first and final that there were problems with financing well part of my my not knowing the process will probably long enough that there would be a no I didn't know there was a first reading in the second reading and I don't think it ever came out this to a timing and one of my other discussions with some people you know can we change this and come back in two weeks and we don't have that time to do that any longer we have to make our deal and move forward with with a big we're purchasing the property from they are not going to allow us it's been nine months at this point that we've had this property under contract and they are not going to allow us any more time to proceed forward I mean he didn't I think the one of the gentleman that I met with was from the owners rep it was Arsenal's purchase purchasers at the property yes okay and when's our next meeting I think it november 28 I don't have in front of me's November of our quarry November 14 to thank you and so you're saying that if that you will lose all your financing and you this will not be a go there's a very good chance the seller will not allow us that extension I think this I think the sellers having a tough time getting piece rid of this piece of property because it is it's a it's a it's a tough piece of property to develop it I appreciate you coming in and in working and coming up with something that can't fit on there and coming up with the layout because it is very tough commercial neighborhood for this property would have been almost impossible I mean what do you do you you know you can't fit ten dry cleaners on this this piece of property so you know I'm saying I really appreciate you coming in and your continued effort I'm just saying that you know that the reason that the city has those types of processes is to ensure that we're not making fast decisions and based upon what's going on tonight or the last night time that we met after Thank You American councilman Barbara I actually agree with pretty much everything you just said and I actually that I have some some reservations about it the only reason I'm willing to do that tonight on first and final is because or the reason it's taken so long in the council and as you just mentioned you know it did penalty be brought up for discussion two weeks ago otherwise I don't think we ought to anybody to worry about their timelines and problems unless they're doing something we've asked them to do that's not the case here but we have delayed this ourselves and that's the only reason I would even consider doing it that way but otherwise I agree with everything you said okay the motion on the floor is through prove this on first and final by council woman Sanborn seconded by Councilman Samuelson and those are very too difficult names to get out correctly I service mr. barber oh you're right that was the original motion Sanborn made the first and Councilman barber made the second think your honor okay well I knew you where you're standing right there now this vote is to is to approve to the vote on first or finals so please vote for izz councilman barber cones Jim Nelson Ted Nelson chris henderson and phyllis am going to pose councilman john keaney have to have six of seven for first and final solution passes the motion back on the floor was a councilman councilwoman Sanborn seconded by Councilman Samuelson and at the time we left the queue councilman kini was on the cues so council makini was you dr. forward um yes murder I've just got a couple of questions or comments made that pn z was going to be able to determine the nature of the development you know no hotels is there do they have that authority to do when they're looking at the unified plan they're looking for compatible land uses so in essence yes they do because they are looking for compatibility with the existing land use as to what is going on on that site okay and when I talked to the city attorney about a site plan is that that's different than the unified plan it's one in the same the ordinance just refers to it as a unified plan but we would be looking for the site plan which is the same that the applicant would be bringing forward to TRC once he gets the blessings of the Planning and Zoning Commission okay because at that time i was informed by the city attorney that a site plan did not have to go through pansy only in the CM zoning district this is the only zoning district where else what we were talking about is great it's only in the CN zoning district well that's what I'll guess I guess so okay so in this cm zoning a unified plan does come before piensa yes sir it does all right thank you okay well inspire me with the motion on the floors to approve and with no further debate please vote for izz unanimous motion passes 11b consider take action on an ordinance amending ordinance number 2005 dash 24 for a special use permit on approximately ten point four acres for gas and server station in commercial mixed use zoning legally described as a portion of the John Dickinson League survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being and the 2600 block of FM 518 Eric I make a motion to approve conditional upon a approval of a unified site plan by p + Z and and then I'll discuss why I'm making that motion just a minute second from discussion councilman kinis made a motion to approve pending approval of us of a site plan that p and z is signed off on and camp executive our councilman cones it's now for debate council makini we've got its kind of this is kind of like which comes first the chicken or the egg and this is kind of a tough situation because what happens is is because of this special use permit we're saying it's okay to put a gas station in there but the problem is is they can't really put a gas station in there without also planning out the rest of the unified plan and so that's again in my discussions with the city attorney I'm not sure exactly how this is going to actually make its way through the staff see any problems with them no sir we typically seen unified plans are to develop in phases but the time the applicant breezes unified plan to pee and z he should have some idea in mind of the exact layout of certain issues especially what he's going to build first met her face just one other thing I'd like to mention is that easy did put one other stipulation on the on the su p if you would include that in your motion we would appreciate that oh yeah consider amended it concerned the the landscaping of the trees in the area oh I get it Kaplan tinea are you many of your motion yes I'm ending emotion and counsel comes will you maintain get a deeper and i guess i'm going to ask mr. Nager neg air neg are llegar mr. neg or is that is that workable with you with the way the motions maybe and that was regarding SCP SCP is contingent upon that unify planet and again if that means i can create in phases i and i know that the front phase is one or two phases and then the rears is has some flexibility i believe that would be acceptable yes as long as i have some flexibility with the back if that's what I'm understanding and we will be looking for compatibility of lame uses as we look at those phases okay correct so thank you rob one second councilman Barbara actually I wish I'd asked this question earlier same same thing does this one also you know is there any timeline on this now that we've already approved the zoning because this is a first reading as well now this is a victory yeah the S EP is vital to our development as well I mean we need we need to both combined we can't do one without the other it's it's a they're tied together yes thank you okay so that means somebody's okay at this time as mayor I'd like to go ahead and make a motion that we before we take this what we consider it on first and final okay and this is now open for debate no debate please vote for councilman Barbara cones Jim Nelson Ted Nelson Chris Henderson Phyllis Sanborn yes to tad Milton and opposed as councilman john keane I'm sorry yeah 60 passes and that was to consider it on first and final we are back to the item itself which has been the motional force by council makini to approve I guess I have a point of order mayor yes sir um Arnold it was already emotional the four and then I know that there is an order in which motions must be taken like if I have a point of order as you can see that kind of stops everything I get our point of clarification what if there's a motion on the floor can someone come up I mean is Robert's Rules of Order is that allow this another motion to come out the way i will answer is to say it's a bit unorthodox however because the first and final motion is a companion to the motion on the floor that i don't see an egregious violation of Robert's Rules of Order in taking that in the midst of the base motion which is your mother leave on these conditions i don't see a NLC a major source of bitter orthodox a bit unorthodox slightly a grievous what was the word that you philanthropic slightly egregious agreed just slightly egregious but you're you're going to go ahead and let it slide I wonder says it's legal yeah this is my fault and as a general principle the past 18 months when when that need arises i have shown all seven council people no matter who they are the same courtesy so i'll continue to do that thank you but good question counselor the Pope emotional floor is council makini to to approve pending a pn z signed off plan and some issues with landscaping is that correct let's certainly close enough where okay and second year by Councilman comes okay any further debate on this issue none please vote Jim you get it in there very good for is unanimous motion passes item number 12 table items subject to recall there are none item 13 council members reports you've already got it item 14 counts of Mayor the comments from the mayor I would just like to say that staff handed this to me this is the award that our planning department received in Corpus Christi last week I would like to thank our entire planning department who attended as did chris reeve and myself and i think dell hardy who i saw here earlier attended Jack Carter your Shack there Kerry Gilbert okay and I think Doug Frasier from our economic development also and gary davis from socially there so get like yeah very like a cake for work we just want to say thank you on behalf of the council and to the three developers in the southwest region and of course the citizens of League City for supporting that effort and of course this award belongs to the citizens of League City it is their comprehensive plan and their vision Thank You Marion for those of you that don't know exactly this award was giving for and this is something that that I had told him in Corpus on friday for a collaborative effort and that is a key word here in league city it was a collaborative effort between the elected officials the city staff and our development community and it took a long time it took a lot of man-hours but for that effort our city staff was recognized by the state organization and I'm telling you we were there the ballroom was huge like South Shore over we there were ever every city in the state was represented and we stood out and above and I was just I just couldn't be prouder for that I'll touch on the wine festival that's about it we will that will conclude mayor's remarks item 15 items added after electronic agenda item number a consider and possibly take action regarding the city matters bimonthly newsletter I would like to make a motion to consider the discussion in regards to the city matters newsletter well council McCombs would like to discuss the city matters by month of newspaper and it is seconded by Councilman Jim Nelson it's now open for debate councilman home yes thank you Mary you know i received several calls of this newsletter that went out guess this month i received it on 10 16 / 6 and it was for july to august on city city newsletter i was also very alarmed about some of the items that we had in there in some of the dates that we passed I would hope in the future that we either a not sent out the city newsletter if we're that far behind on the on the news to the city I think our city budget is about 80,000 on this but one thing that really alarmed me after I looked at it mayor and I would like to bring open and if it may approach the bench to replace it only overhead if there's absolutely a good day again as you notice up from the left side it says quotes from City Council we have five out of seven council members that have a quote there I was somewhat alarmed that two council members myself and Councilman Jim Nelson were never notified or asked to have a comment in the city newsletter not only is it illegal to have a council comment in the city newsletter we passed back in October Day 2002 which I'll put that on the overhead also I think each council member has the copy of it right here it states on the very back under the city matters proposed guidelines that no written submissions from City Council members would be allowable to be placed in the city matters and if you remember back in two thousand two most of you made that we had a lot of trouble with certain city council members place in articles in the city matter it became a political newspaper instead of a informative newspaper for the city after further review trying to find out why we have five out of seven council members that were placed into the city matters i found out and received some emails that only people that supported mr. Reed as the interim city administrator had a chance to comment mayor I would like to hear from you tonight also on this I think it's it's a bad precedence to start when you start allowing certain council members to make comments and not allowing all council members if we're going to allow a council member to make a comment in city matters I would appreciate that you show no favoritism and that you allow all council members to make a comment and I certainly would like to hear that from you tonight Thank You Councilman Jim Nelson yes sir i also have problems with that and I did have reservations about mr. Reed but I have known mr. Reed for a long time and I know he's a an honorable man and I think he would probably try to do the best possible job he can but at the time and I've changed some of my ideas about this but at the time I wasn't sure if he could handle the complete job description and that's not a derogatory statement since then I've seen him do some things and I'm very glad to see him move forward and learn things about this particular job and I think he said he's going to be a good interim but at the same time I think we need to move forward with a they going out and finding a city administrator to be permanent for them the city of league city that said but one other thing I want to address i have also my copy this is the july august two thousand six issue and i received it on 10 1306 this newspaper originally was started by the water department city of link city many years ago and it went from of the water department newsletter to what it is now it was put out primarily to get information out to our citizens information of things going on in our city if we are going to allow have talked to mr. read about this and he's been very helpful on this on mr. Reed very much but if we are going to allow a newsletter to ever go out like this again i would really submit that we do away with the newsletter it's not worth putting out if we can't get it out on time we need to get this out in the first week of the two-month period not after or at the end of the two month period and I'd say I've received a lot of them over the years that have been late almost at the end of the period so we've always had problems getting this out we've got to stop that we've got to make sure our our people get this newsletter on time and because there's a lot of time-sensitive information in here all i have to say sir Thank You councilman Ted Nelson may I have three three quick comments number one I think we could all agree that the city matters should become out a little bit more timely I mean it was very very late this time I think we've put the wheels in motion to make sure that doesn't ever happen again so mission accomplished there the next thing I want to talk about it is the questions about the material that actually was in the city matters that was published clearly as a city newsletter or City newspaper whatever you want to call it flyer whatever it should try to remain positive and when you have seven members of a council that both for an interim city administrator I am thankful we just quoted the five positive ones idea does anybody in their right mind I think that we should have quoted the two people that had negative comments that didn't want him to get voted in I mean that's insane I don't finish he's got two more words I stated that I council have waves they understand I'm just be swaying and I did I tell you support somebody with a vote that is an SMS text acid- statement if I could finish the third thing I want to break up is mr. Cohen's brings back a a matter from the proposal on guidelines back from August thirteenth of 02 well mr. Cohen that says no written submissions a written submission is running person write something out and ask them to put it in the paper when whoever writes the paper takes a quote from an open session they've got a written submission so nothing was violated it was done properly and we had better stuff to do with our time thank you come from kini oh man um gee whiz where do I begin Arnold that's a great picture of you up there and congratulations on your certification I think it's very important and actually these I guess only I'll start from the beginning the city newsletter should be positive it should tell about the good things that are occurring in our city it's not a propaganda device to be thrown out of airplanes hoping people read it and agree with whatever set in there these comments were not necessarily said in open session I received an email saying how about this comment from you and I said no I don't think I can agree with that comment but you know here's a comment so it wasn't an open session I also at that point time had no idea that certain council people were not going to be allowed to voice their comments in the newsletter I think that this is a divisive piece of propaganda that divides this council and does not bring this council together now but I guess since we brought up the issue and of City matters I think we all saw probably a city matters earlier in the year that had about eight statements that said promise made promise kept that was clearly a propaganda it was it was that was not necessarily written in such a manner to provide the community information it was written in a manner to make sure that it was known that certain campaign promises were being an attempt an attempt to try to convince the public that campaign promises made were being whether I think we're outside I'm sorry what's the agenda item the trunk mr pongco banana talk about promises made promises kept you Larry yeah let's keep it too I'm sorry is that the point of order and I like up an opinion from the city attorney that's who we direct points of order to to answer your question which bikini it does say consider and possibly take action regarding these city matters my monthly newsletter okay so that leaves it pretty well open to discuss the city matters bimonthly newsletter I don't disagree with that we need to say focused our in on point okay and the point is is that the Conte as well as the timing and the content those things need to be addressed in the city matters newsletter not personal agendas that weird that any elected official is trying to have up here it should be general information mayor I have no problem putting a statement in there I appreciate that I think that can be informative without being propaganda I relinquishing the floor Councilwoman Sanborn well i got my on 10 14 so we each god i was on a different day and i want to make sure everybody that emailed me because i got lots of emails two is that I've chops the mirror and I've talked to mr. Reid and I don't think you'll ever see the city put out another newsletter that is not current in up today we didn't have a city matters for the months of may and june why you know I don't know we won't go into that as 21 but we didn't have one so in all actuality you haven't had one in four months but we will have a current up today city matters and I believe it's going to be December I to think it ought to be informative I don't think it should ever be I did this I i would go so who the iea's it is about what matters in the city what's going on in the city to keep you informed of all the departments in the city they should be submitting information to the actor of this and we all ought to enjoy reading it when it comes to the house I know for years when it came I said read it and it is informative but it never ever should be a political tool for any of us that are up here thanks man Thank You counsel learning the columns again I would just like to express to the citizens out there again what mr. Nevins thing that I had a negative negative statement in fact I had no statement at all I was not given the opportunity to have a statement in fact mr. Reid is a good personal friend of mine I would probably have a very positive statement about press even though I was against the issue that doesn't mean that I'm going to sit there and slammed up mr. Reid in the city matters i had more professionalism than that but the point is that i was not or jim nelson who voted in favor of mr. Reid I think at the very end never had the opportunity to make a statement and my point is is if we allow this to happen now it's going to continue there is a proposed guidelines that was passed by the previous council on a 13 of o2 in that guideline states that no written submissions from City Council members or allowed simple as that doesn't matter if it's a quote doesn't matter if it's a statement or anything else there's no written statements and I think this is and I have city city email here that went back and forth who directed a city staffer to ask certain council members without asking other council members i think that's not good leadership from a Mary doesn't matter if you're for it or against it if you're allowing comments in the paper you're to allow every council member we're a team up here we're council we're not I mean you shouldn't be segregated out because you vote against an issue in fact mr. Nelson did not vote against it but he was still taken out of the loop here I think these emails have in front of me all i'll be more than happy to show them up here i have the data sheet showing the council members should make no comments in the city matter i just want to bring it up to the mayor tonight I ask that this doesn't happen again and I just felt like when you start showing favoritism to certain council members it's going to continue and you set a bad precedent I was the only member though was own counsel back in 2002 and I remember very clearly why this issue came about it was simply because council members were making issues and making it a political paper and we got away from that with these guidelines Thank You counsel Ted Nelson I just one final commented this is so far from propaganda your name is next to a positive statement about a new employee which city staff that's not proper and also there's a difference in the two words submission and statement they have different meanings and the final comment would be we have some people up here that once signs on city property but they don't want your name point of order mayor magazine we got to keep this keeping OMA okay councilman white Walker linguist man appreciate the opportunity to weigh in on this subject I am sounds like we can all remember the day and what we were doing when we got the latest issue of City matters I actually don't remember the date but I remember where I was I'm standing on the street in front of my house at my mailbox pulling it out with great disbelief and actually to be honest with you may know I requested an agenda item to discuss this but I just decided i'd rather have it in workshop and i talked with our administrator first off i know that the timeline issue is well under control in fact i have it on good authority that they're looking at the next window that's about to go out so we are way ahead of schedule this is a this is an issues and get hamill well but but really philosophically I wondered if this is exactly the manner and the type of publication that we want to continue that we are always exploring since we have a new electronic age where have a you know webmaster that's sour right now in the budget and and and it's a difficult one and I appreciate any input from the community like what my impression right now is there's a lot of people that prefer maybe people just go to the website and get it and one thing I do want it to be current on the website as soon as it's a head start hitting people's mail box I'd like it at a City matter section on the website because I actually I don't think I even found the current version i found one from a couple years ago on the website nonetheless um but i'm still left wondering if there's a second of the population still likes it in printed form at the hicks and mailbox because they don't otherwise what I have to worry about check and periodically the city website or or you know explore all options I know that are that the street is also looking at maybe there could be alternative ways to produce it you know we currently outsource the production of it and so those things I still expect to have a workshop about that and I'm confident that this city matters is going to to be something we'll all be proud of format we end up in and we can even talk positively about it in an edition of City matters ironically enough so thank you very much that'll be on anybody else on the queue ok I will complete this item by saying a couple of quick things the date totally unacceptable I don't think that's a secret to anybody my administrative assistant called me the day it started hitting the mailboxes and said mayor most of the time you get every email with you know some response she said there's too many we have a problem and the irony is that i got home the next day I was out of town and I still hadn't gotten mine so I didn't get mine for two days later I did call chris reed and he had told me that councilman barber wanted it on the agenda he had spoken to councilman barber and said and I'm paraphrasing here chris reid said I'm the city administrator give me an opportunity to perform this is a staff issue and I commit to you that I will address it in a manner that is satisfactory said not only all the elected officials but to all the citizens my my remarks to chris is okay i'll give you a chance it's a it's a tall order dawn kill board does this mostly by herself as she also does 16 and was also helping with some of my itinerary so but i will probably tell you that Chris Reed has told me that he's painting soap in a box everybody but November for is the day I hear it's going out that's right ok November for after that is what we'll have to blame it on the postal service streaming we are working on hiring a person that can stream this city matters publication like we're going to well I pretending to stream our city council meetings and everything else it's a process the fact that one is on there that's two years old again that's not acceptable that can be scanned and put on by anybody and I suspect that will probably be addressed tomorrow morning if it hasn't been dress today the city matters is an administrative tool I'm the CEO of the city and when I use the city matters it's for informational purposes and simply this whole issue tonight is that after the vote I walked over to dawn and I said I'm going to make my article this month an informative piece on the fact that we have a new city administrator get quotes from people that have something good to say and supported chris reid and that was it the only bump in the road was I think gone because of some of the scheduling tried to remember some of the clothes and then I sent a follow up email said I don't want your quote I want if the council has something good to say we will say it if not we will move on so there was no exclusion this was simply something that was good news we shouted it from the rooftops not sold on to get a good statement from somebody has something good to say about the vote and that was it that concludes the side and we move to item 15 b for the wicked overcome in there now I gave everybody the cute on me close that up there's no motion is item number 15 deep consider okay when we reach okay considering take action on authorizing city reply to attorney general opinion request number 05 05 39 health and Ted Nelson's made motion to approve second seconded by councilman chris handle son is now open for debate councilman combs where we have a question on this item here do we have a reply yet from the city attorney for a written reply as of now sir is it I'm sorry no sir okay and I would like to see the reply before we actually send a letter out to the AG's opinion we approved one okay thank you for those I've got two more people in the queue this is simply the issue where one of our council people has submitted a request from the Attorney General to see if chris reads appointment as Acting city administrator is legal as that the correct word on I don't know exactly one paraphrase the questions start centered around the civil service status of mr. Reed okay and so we're simply I'm asking the council to authorize the city attorney to prepare a statement which is our position on fresh raised appointment to city administrator councilman Ted Nelson and I just want to clarify because I read it and did some research on it what the question was that was mr. Collins was asking to get a attorney general opinion even though he president Chris Creed but what he was trying to basically get meriting and would you stuffed yes they having in the comments there what we were looking for in the opinion that he was requesting does not whether his appointment to interim city administrator was legal but the question is is by doing that did he lose his civil service status and that's what he's trying to look out there for if mr. Reid is when he were to lose the civil service status he obviously would not want the position and that's the question see if we can tie them into a corner make it work that he'll lose a civil service status will go back to just being the assistant to Drew and that's the question here and I think I talk little walkway in the mayor and we're going to follow responses what our opinion is on the balls that we looked up and the research mr. Polanco and done we disagree with the need for the opinion but we we have numerous lawyers up here that know what to do we'll make sure we get this done as quickly as possible councilman kini well if every attorney agreed with each other we probably wouldn't need attorneys because there would be no disagreement about the law I guess my question is is what backup information this originated with the mayor this agenda item I haven't seen the request to the Attorney General I haven't seen has their tunnel Attorney General requested something for almost up briefly explained a process normally when the Attorney General receives a request for an opinion he will then sent out notification that that request has been made and he will send that notification to a multiple number of groups depending on the nature of the legal questions involved in this case because it involves a law enforcement official and involves civil service he requested or he sent notification to the Texas Municipal Police Officers Association Commission on law enforcement standards and a number of other organizations that have an interest in this particular legal question also I was copied as a city attorney because it obviously involves a city administrative official and in the letter that the attorney general sends out to these various people he imposes a deadline by which if you wish to weigh in on the issue and reply to it that is your deadline and what's the okay what's the deadline if I'm not mistaken it's november 13th and when was this received by the you or the city well the the letter from the Attorney General was dated some time after October the 9th is ever call I don't have that letter in front of me I'll cover the first October first is when the we got a letter from the Attorney General from the senator who wrote the agenda item the right October 13th was from the AG's just notifying the city city attorney and City Administrator mayor and leave the the Attorney General receive it on October the ninth and then his letter to all of the various organizations and the city was October the 13th that's good yes and um and that why is this coming before City Council I don't know that I can answer that question I will venture to say that because I was addressed among the other people who was copied on the letter as the city attorney I suspect this was brought forward for the council to determine whether or not they wish to weigh in on his issue it sounds like a couple people weighing in already on from the look of the button pushing or will be weighing in on it how are we to weigh in on a reply when we don't even have one in front of us there's two ways to handle that you can either not weigh in if you will until you see the proposed draft or in this case because this does not technically involve a legal issue for the city of link city as a governmental body you can refer the matter to outside counsel to prepare that on behalf of your staff member that is another option that you have at your discretion and what what and what is what is your reply do you have a reply I mean it sounds like some of our Council of urge your reply or legs drafted of reply or something I'm not sure once again because this does not directly involve a legal issue for the City of Lake City I did however refer this out to outside counsel the city's tml attorneys who reviewed it and fell that mr. Reed was in good shape legally did they provide you with documentation no documentation simply their impression of the statutes and their understanding and experience in civil service matters his impression was that mr. Reed was in good shape and so if this fails to have the support necessary to pass tonight does that imply that we're not authorizing a reply from the city as the city attorney I obviously can only act at the direction of the City Council if you do not authorize me to prepare a reply for the governing body mr. Reed has options that is disposable to have his own attorney do that Thank You councilman barber just in order to understand this issue a little bit better the original request was it to to ensure that we protect our mystery from making a mistake in and orienting and accepting this interim position or because I'm worried about what we're going to do I worry that if it brings attention to something that doesn't go his way and he's already taken the interim administrator job that it's pretty much you know in a bad way I'm just wanting to understand it better so if I can get some kind of answer I would appreciate it Chris you're going to you're going to do a better job of explaining this than I will but I will if you would like me to I will certainly try for those citizens and counsel that are not civil service if you're a policeman in this city when you are made of policemen you are protected by a civil service law which was enacted I'm told by our pd years ago initially to protect policemen from the swaying of elected officials losing you know a man or woman losing their livelihood so a new elected official can't come in and say I don't like this policeman fire me gave me a ticket now the chief when he sets that job and the assistant chief when he accepts that job are now no longer protected by the civil service statute however if new mayor if I were to replace the chief or if the chief were to replace the assistant chief they automatically revert back to the job they left inside that pd before they accepted the promotion so still they go back to wearing the stripes or whatever they had and they're protected again from civil service so he could be fired chief Daniels could be fired as chief by me or the City Council he goes back to be a sergeant or I don't know all the ranks I apologize Catherine I immediately I said I was hooked and and then if if Chris a read were fired prior to taking his position by chief Daniels he would go back to wearing the stripes of sergeant Catherine everybody's a captain with it was why they're so good now the question is you know what happens to chris has he stepped outside of that Civil Service protection if you want to take the long road if this were to absolutely not come back our way then he could be rehired into the PD the same day and the next day chief Daniels because in promoting back to assistant shoot and you have to know that that when we consider chief read my first call was to our current state administrator Chuck Pinto my second call was to Arnold Polanco so you know we've checked with the bodies that be the lawmakers that be so is that a fair summation Chris or have I left out anything pretty good okay because I've had to answer a couple of times because it was hard for me to understand in the beginning so Council marburg that the question tonight this agenda item simply is to say we're going to respond with the same data that i use to present this young man to this council who then ratified him with a 5-2 vote that's all it says that's what the motion is tonight and further questions only this is appreciation okay council on Ted Nelson okay Councilwoman Phyllis Sanborn I'm glad you clarified that because that's not what I I'm just asking how I understood what we were voting on me I'm glad that you said that i'm not one of the three lawyers up here so i do have a couple questions because i didn't understand it if tml replied already to mr pongco they have not I have not I thought you said their hand I spoke to the city's TMO attorney when this was issued and asked them to offer their opinion of the issue but they have not formally written anything okay why wouldn't tml write something formally for us rather than you write something formally or someone from the outside that's informally tml may very well write their own reply but they will not necessarily be doing it in cities behalf what they say may directly benefit mr. Reid but they are not necessarily writing it as the city's representative they're writing it on behalf of the large organization also and they said mr. Reid's in in good shape so why wouldn't we just wait for the AG's opinion and wait to see what they said that is certainly at the prerogative of the city council that is certainly your option but i'm not sure that anti a brush why would you not want to do it alright if I wouldn't you just wait and get the AG's opinion or you take do you feel like we may be that the city is taking a chance there that mr. Reid's taking a chance that there may be a slight bit that the opinion won't go in his favor I mean I just like I can't predict what judges will do I can far less particularly turn a generals ever going to say because it changes with the winds why would you want to do it my best observation of that would be that if you wish to support the individual in question continuing to fulfill his duties and would not wish to see the Attorney General issue an opinion that because contrary to those wishes then you might want to weigh in but he would work until the Attorney General just in case said no this is not legal he's gonna lose his civil service I mean that's not up to us to say that is up to somebody else to say we're doing what what the city feels right but we don't know one hundred percent whether we are until the Eternity Attorney General makes a ruling you can say I can say tml can say but the Attorney General is the one that's gonna have a final say is that right he will have the final say on what his opinion is not mr. Reid's trying to catch my attention yes but maybe I can answer that question for the attorney general opinion has been written is incorrect and what we would like to do is give not necessarily want to say our side because it's not a different side the attorney general opinion gives it as if I'm a civil service employee I'm not a civil service appoint know the the request I'm sorry for the opinion is written incorrectly he's it's stating that i am a civil service employee that's incorrect or not so we're said you stopped being a civil service anymore the night that you were voted in on the Twilight as know the day I was appointed as assistant chief also the assistant chief is not simple that's correct and Councilman health woman also the letter also states that he did not ask for a leave of absence which I believe was incorrectly stated as well so there are some you know our concern is is that we don't want the Attorney General to make a ruling a good ruling on bad data that we then have to turn around and say oh wait a minute he did have a leave of absence and he wasn't a simple service important anyway so the question itself is Miss Lee Thank You counsel McCollum's if that is incorrect and it's a the point is it doesn't matter because if he's not civil service then it really doesn't matter but the point is that what I was trying to bring out under the AG's opinion was that we have an officer who again you you state that he took a leave of absence I've never seen that it never was approved by City Council I assistant chief just transferred from one area to another and we have other officers out there who would love to work side jobs who would love to work other jobs to take a leave of absence and under the rules that I've read that was not allowed so I mean again if tml has made a ruling then I would suggest that kml come across and give us something in writing AG's opinion even if it came back negative or positive for mr. Reed in this position then doesn't mean loses his job it just tells us from our power of legal means that this is legal or not I don't see where AG's opinion is is a big deal for anything if you're asking a question to the AG's and let him answer it and move on and if he comes back in states that mr. Reed is is not performing under Chapter 1 43 of the local government code so big he continues his job if it rolls in favor or in not favor of mystery then he goes back to the police department I mean we're talking or we stayed it up here before the mayor stated this is a temporary position I don't know if it is or if it's not accounts my dad Nelson just briefly I agree with mr. Cohen to the same one that the issue here with the AG is we should never let any judicial body make a decision on less than complete or not accurate information and that's the scary thing here there was some misstatements in the request that was signed by Senator Mike Jackson and could not not answer these these miss statements would be asking somebody why don't you give us a decision that actually affects the body working on our staff you'll make us the decision but do it on this bad information and that's all we want to do is give complete information same thing we did today on mr. adnan guards property two weeks ago he came up here he presented a deal on less than complete information and we all SAT here like a bump on the wall could get a motion to pass it or deny it but he takes two weeks to explain it to us we all have complete information passed on first and final 720 that's the difference between good information and bad information that's all I'm asking is that we give these people the information let them make the right decision just like mr. combs is asking for with the services as long as it's on complete information kaplan barber actually you know listened all the discussion and including that last point about good information I just encourage your by before they deliberate before they press the button make sure they look at that those paragraphs next to the picture let's get this guide out there to put a good reply out there and make sure the right information gets in their hands and so reach over and hit the es key tonight when he asked for the vote Thank you Thank You councilman bob accounts bikini I guess you know there was a comment that was made that we should never let a judicial body make a ruling without complete information and I think what we're doing here tonight is making a decision without complete information we have not we've heard that there's been a request for tourney AG ruling and this request is saying that there is that mr. Reed is a civil service he's still covered by civil service mr. Reed is saying he's not covered by civil service I guess that's being back is that correct on that is part of the bank and that's all right but that's part of the debate right excuse me what what is part of the debate as to whether or not mr. Reed is or is not protected by civil service so that's not even clear that is the issue that the Attorney General is being asked to decide and what is your opinion well that's what we're asking him don't we're all verizon him to give us I'm as well I'm authorizing to give it to me right now I have it well I I don't have the benefit of counsel authorizing me to devote any time to this what I need is for the council to say yes we want you to do this or not do it and if you do that i will present to you the product of a full research product a project on what you're going to do anyway right give us you know if you get authorization to you authorize well but it doesn't say to prepare a reply what it does is it says essentially reply but and it's not necessarily to have me reply if you wish to have outside counsel do it on behalf of mr. Reed that is certainly an option as well and when were we having our necks when's our next workshop schedule tomorrow tomorrow probably can't get a reply done by the in canyon no sir I wouldn't be on the agenda anyway John we've had well I understand that oh the one you are going to be you're not well I myself will be at tml that's correct okay when's our next workshop I think it might be next week the third of it refers got a Wednesday okay how long how long do you think if count city council tonight authorizes you to do a reply how long do you think they'll take you to prepare I don't see that it would take more than 10 days to fully prepare ok and what would that day p 43rd today is the 24th going to be the third I guess of November and whence are doing when do we have a workshop in November first in a second yeah I don't know if we'll have one on the second a week we definitely have one in a minute on my part well we we've got one scheduled right now for the second do you think you could have it done in nine days certainly instead of ten silly you could have a reply ready that we could put on the agenda for that workshop be able to see what your comments are so that we can make a decision to authorize that reply that would be okay and I guess if we if this doesn't pass the night then would you then want a motion from Council to but because it sounds like there's some questions as to what this would reply would be and I guess as our one of our other attorneys as mentioned it's probably best that the city makes summary by can you agree with you agree with you and so if this authorization tonight fails this particular motion can someone else make the motion and say that we authorized you to make a reply to prepare for us to review and authorize you then to forward to the Attorney General you can make any motion your life whatever you counselor whatever you wish to have doing this phony took at that's certainly a doable awesome I for one don't want to break any laws and that's and that's what I think we have to be careful with their understand this does not involve a legal issue for the city of League City this is an issue that involves however the rights of some of your staff members so okay and and the last personal accuse councilman tad Nelson who just took himself off we're going to take this vote and the motion is to is to approve the authorization of a reply on behalf of the city to the attorney general requests concerning Chris Reed so with no further debate please vote for izz councilman barber Ted Nelson and Chris Andersen oppose councilman Tommy Jones Jon Keaney Jim Nelson and Phyllis and blowing motion fails Mary I would like to make a motion though that he since that motion failed to prepare a reply for consideration at a workshop okay exec of the second oh absolutely once I get the motion clear ok state that again councilman I would like the city attorney to prepare a reply for consideration by counsel and have that available to us at the workshop on November second ok need a second second for discussion ok the motion is made by counsel Keaney and second it just went ok Ted it's made by counsel makini seconded by Councilman Ted Nelson is now open for debate no you had already huge you off you refute it so your first one well mayor bottom line is I think we have some information that we want to get the Attorney General as a city attorney on the City Council I'm sure at my end I will forward the information children from an amicus brief for the city attorney on council won't be a thought the same thing works for me councilman Thomas mayor object to that mr. mr. Nelson is a city council member not a city attorney for this for this board he is very biased in his decision and I would say that would not be the proper thing when issues come about that may be in my expertise or jons we don't ask to write a legal opinion or anything concerning that so object to heaven mr. Nelson who is a council member first not a city attorney for this board i'll put that Selena duly noted and it's late fellas Alyssa but focus here we're getting close councilman Samuelson any citizen can do with mr. Nelson just suggested really over talking about here's we decided as the city council to give mr. Reid the job as our interim city administrator and all we're doing is saying can we please tell the Attorney General why we think we made an okay decision that's that's all we're asking you to do and it seems very very reasonable can't imagine why anybody would not want us to justify our position councilman john feeney well I certainly want to justify ur position I'd like to see what our justification is this has come before City Council for an authorization and and I think it and it needed to come before the City Council for an authorization and I think I mean gee whiz I thank everybody on here right and every member of every citizen you know if they want to send a letter to the Attorney General you know please feel free to do that my questions are that I'm hearing facts tonight that I'm just hearing for the first time the night and the question is is whereas earlier one of our attorneys warned us don't make decisions without at least getting input are giving input I want input before I make my decision so that's the reason in the same way the Attorney General is asking the city for information on this I'm saying I would like information from our city attorney on this as well so I can make my decision Councilman Jim Nelson mayor I'm a little confused i'm not sure what the motion is now I thought mr. kinis motion was to direct the city attorney to prepare a brief for us to send to the Attorney General and now I'm a little confused whether there are City Attorney's going to do that let me see if I can help as I understand your motion mr. Keeney you want me to prepare a proposed draft of a city of apply for consideration by the City Council before the city council authorizes that draft to go to the attorney general's office is that fair that's very correct okay what I want to do is in the same way that you prepare contracts and you you prepare those contracts and then we review them and authorize them I want the same process to follow on this legal situation that we're currently in give it some review prepare a document that you think is what is right and and then we'll and supports all of the employees of League City and there in their rights and and then would give us the opportunity to review it at docked on November second meeting ok ok so the motions to have Arnold which is what the first motion was more specific is asking oral to draft a reply bring it to the November second is that correct November second workshop and distribute the council and will move from there the motions made by counsel makini seconded by Councilman tag nelson there's no further debate on this issue so please vote wait wait wait wait please vote Jim can you hit that again thank you for councilman john kini jim nelson and Phyllis Sanborn oppose councilman Mike Barbour Tommy cones tad Nelson and Chris Anderson motion fails okay item number 16 a Texas Open Meetings Act section 55 1071 government code deliberations about real property discussions discuss acquisition of HTML and Pete cooling canals from NRG Texas LP the city council will now go into executive session pursuant to subchapter d avoca Meetings Act section 5 51 at all government code on this 24th day of october two thousand six at eight-thirty p.m. 5 5 10 7 to government code states a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party here in item 16 b 16 b texas okra Open Meetings Act section 55 107 to government code deliberations about real property discuss contract force you {00:00:31}	{00:00:24} alright alright let's welcome everybody we've to the city council meeting of the League City Council on october twenty fourth at six pm and let me call roll please Gary Schultz here Ted Nelson Mike Barbour affirmative Tommy cone here Chris Samuelson air Phyllis and boy here John Key me present Jim nill ever very good item number two we will now have the invocation pledge of allegiance to the flag US flag and a pledge of allegiance to the Texas flag our invocation tonight will be by Pastor John Newsom from Bay Harbour United Methodist Church you must be the new a new pastor I'll have you been there six more for months all months okay I don't go there go otherwise indicated haven't been well we'd like to recruit is that clearly not the text now would be a good time to turn off all the cellphones and let's pray well father God I thank you for the city and I ask your blessing upon those who govern it Lord we asked for that this would be a haven of peace Lord a place of prosperity for its citizens Laura feel thankful for those who do serve and those who serve in the police department on fire department we asked your protection your blessings upon them also and lord I also ask that you just give divine wisdom for the decisions that must be made some are very mundane but some may be are very important Lord they affect the lives of the citizens of the city and so I ask that you just guide and direct this City Council the mayor that it will make the right decisions and that things will go well and continue to go well in this city thank you for the privilege of being a citizen in the city of living here Lord and I thank you for all that you're doing and blessing this city and I ask all these things in the name of Jesus Christ amen I of the United States of her and to the Republic for which it stands one nation under God indivisible with their routines okay we will now move to item number three approval of minutes we have sep tember 26 regular meeting and october the third workshop are there any changes to these minutes hearing none these minutes or so approves item number for appointments proclamations presentations and awards I show none item number five public hearing and action items from public hearing a hold the public hearing to consider proposed assessments against phase five properties in the city of League City Public Improvement District number 2 victory lakes established by City Council resolution number 99 dashed 61 we will open this public hearing at 6 05 anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at 605 and move to item number 5 be considering take action on the approval of an ordinance to levy a special assessment against phase five properties in the city of League City Public Improvement District number two victory lakes established by City Council resolution number 99 61 very rude to approve council McCombs has made the motion seconded by Councillor Mike Barbour this item is now open for debate councilman garlic that can just ask mr. Han's a brief cushion for the record my name is david hassan the executive director of the victory like stars and kid from Houston Texas thank you what one question i've had since the last time you and I've seen each other and we'll see each other I guess tomorrow a new record mean the sound barriers that are described in the financing for each of these public improvement district assessments is that the five or five foot wall the brick wall is there something else that is considered [ __ ] the brick wall is paid by the tours and the pit both but is the ball along along walking ok the wall along walker and most of us paid for by deters and what's once they are built and constructed who actually has ownership of those and it's a pub it's actually in it's actually owned by the city ok so student to the city guide doesn't yes thank you very much ok it's a public improvement great Thank You anybody else on the pier ok the emotional floors by council McCombs to approve second by councilman Mike Barbour with no further debate please vote for is unanimous motion passes item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or a business located within the city or their attorney a statement of no more than 3 minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Jeff Hagan Oh mr. mayor's house members of council thank you for the opportunity of addressing you my name is Jeff Hagan I live on Finland street in the Glen Cove subdivision and I'm here this evening to express my concern with regard to some action over the bridge on seminole Road that I've only recently become aware i'm here to automate clear speaker might be own behalf this is a last-minute thing but i would like to acknowledge that some of my neighbors at last minute have also shown up and wish to let you know that they have similar concerns if you'll show your hands Oh proximately three years ago this bridge was condemned by txdot we were informed by letter from the city that this was the fact and that the bridge would be repaired text thought would be repairing it in the city was involved this letter established a trust amongst us that the city was keeping us informed of the situation and that we would have our bridge back and we'd be rejoined with our neighborhood apparently that this is this no longer the case there were some rumors over recent months that the bridge was not going to be replaced it was hard to find out what would happen I was put in touch with councilman Kenan who informed me that he had heard some of these rumors was uncertain to exactly what was going on at the time this was i believe the june timeframe and would try to have somebody from the city contact me nobody from the city had contacted me with regard to this and due to personal business I had not had the opportunity to follow up for a few months until I saw construction crews in neighborhood working on the bridge last week asked what was going on and they they didn't really seem to know but didn't sound like they're rebuilding bridge so I started making some inquiries again got in touch with mr. Keeney again who informed me that City Council had decided to allow the bridge to be demolished we've learned apparently the City Council was unaware that there was a neighborhood opposition to the removal of this bridge there is in fact strong neighborhood opposition to this removal the neighborhood was simply uninformed and the original decision to replace the bridge was going to be rescinded and had no opportunity to comment on this matter apparently this came up at City Council in January tent when I myself was actually on vacation and had I even been aware of it could not have been here I I want to make clear that removing this bridge is going to sever us from our neighborhood facilities I bought into this neighborhood myself a number of years ago thinking that I had access to a certain public park and access to a boat ramp I'm now going to be severed from that and experience a loss of enjoyment of my property that i had thought would be there given that i would like the city to reconsider this decision and given it the city still owns the right of way to this bridge i would request that the city keep us informed of any action with regard to this right away and furthermore that the city allows text stop to proceed with reconstruction of the bridge as originally promised to the residents of the neighborhood if in fact the city goes ahead go ahead Jeff you're speaking on behalf of at least six or seven people out here so go ahead and thank you your honor if in fact the city goes ahead with removal of this bridge against our wishes speaking on my own behalf again I certainly will look for whatever compensation whatever Avenue I have to receive compensation from the city for the loss of enjoyment of my property the severance from my neighborhood facilities and from any other encumbrances or adjust to my property value that may ensue as a result of this action of the bridge let's that's all I have thank you very much thank you Jeff Beck includes item number six we now move to item number seven consent agenda item 7a through 7l there yes sir I'd like to suspend the rules item number 13 council member comments forward council member Jim Nelson likes to suspend the rules and move item number 13 up I'll suck at the council member John kini has seconded that vote on that way through the battle net no debate no discussion on that please vote you can't discuss some motion to move up to suspend the rules of move up so but but you're fixing the talk so you talk there how you get opinion on how the vote goes let's say okay in favor councilman barber combs kini Jim Nelson and Phyllis Sanborn oppose councilman tad Nelson and Chris Andersen and so the item number 13 council members comments has moved up Councilman Jim Nelson power away all right first of all I'd like to mention the death of a former city judge judge web he passed away last week and his funeral will be this coming Friday I don't know it's going to be a jack row but I don't know what time you can probably call Jack row if you're interested in attending to find out what time it's going to be judge web is a was a very loved and admired member of our city and our our judicial here in league city and he's going to be sorely missed by family and his friends so if you couldn't make the funeral i'm sure that his family would appreciate it and the second thing on my agenda is the library items l the hall library will host the next family event in the Susan use memorial theatre on thursday october twenty sixth at 7pm Captain Jack Sparrow of the movie pirates the caribbean will be here to attend entertainment hell hall library sponsoring a free early literary workshop or child givers on saturday october twenty eighth from 8am till 2pm to 30 p.m. excuse me registration is required and will be accepted on the first come first serve basis friends of the library will host their semi-annual book sale beginning Thursday November second for the friends members only at five-thirty p.m. til 730 p.m. the book sale will open at to the public at Friday November third at ten a.m. to four p.m. and again on Saturday November for ten a.m. to four p.m. the book reviews for adults will be held on Thursday November night that 1030am and will feature the review of kite runner by imaging Christian and finally a evening book discussion group will meet on Monday November 13 to discuss any book written by Diane mutt Davidson on a personal note I would like to express my love and devotion to my wife of 46 years it's our anniversary tonight I love her very much and i hope i have another 46 years with you Thank You captain barber oh I wasn't anything but now I'll say Happy Anniversary chimp council McCollum again I like to echo councilman Nelson's comments about judge web he was a wonderful man a wonderful judge for this city I worked with him for many years it will be sorely missed mr. Nelson I'm not for sure why you're here tonight you may not have another 46 years official but again Betty out you're right volunteer for the city congratulations and welcome everyone out mr. Owens I got permission okay that's it council makini i just want to remind everybody to attend the south shore harbor wine festival it benefits the leaf city rotary whose main goal is the eradication of polio also contributes other various civic projects and the community and it's miss chambers if you are going to sip October 28 from 11 in the morning till 10 a.m. at South Shore arbor sauna shall Shore wine festival at it that's it congratulations thank you for us I don't think councilman councilwoman Sanborn ok good evening it's nice to see a large crowd here tonight a couple of things tonight it is red ribbon week here and lake city in throughout the united states our city is all decorating with red ribbons they look great we appreciate the students and in all the PTA and the volunteers that put those out also I'll November first I requested us or a workshop or we're having a workshop and I've requested that we review our smoking ordinance on that on that day it's something that we've been working on for the past few weeks and I invite anyone out that would like to come out that night and review that with us and give their opinions it's something that we started working on before there was so much publicity about Houston's smokin or another thing is I to say Happy Anniversary and congratulations to gym and Betty Nelson and as our minister prayed tonight and said it is a privilege to live in Lake City I want to second that it is a privilege to live in Lake City Thank you Thank You councilman Samuelson Thank You mr. mayor two things number one early voting has begun and although a lot of times people in league city are kind of apathetic when it comes to voting I'll tell you that as an attorney I can share with you there are some very very important elections going on right now for some countywide positions i would encourage you to get familiar with who your candidates and elected officials are for county positions County Judge positions things like that go out and exercise your rights early vote if you can but if you can't show up on Election Day and exercise your vote number two I want to thank the citizens who have provided me with many many many responses with regard to my request for information about the animal ordinance Ted ordinances for the city I've gotten a lot of responses good and bad as some I like some I don't but the good thing is a lot of people are responding i'm getting a lot of feedback and hopefully in the next meeting or two we should have an ordinance to present to the city to update our animal control statutes the hit that's it nothing else Manila just happy anniversary very good thank you we now move back to item number seven consent agenda item 7a through 7l this mirror I'd like to request that we consider 7a separately okay we will pull 7a for discussion the airport may I remind you that the staff requested 7lp no action taken okay 7f is off the table mayor I would ask 70v like David do you like boy like boy pool completely or just for discussion discussion for discussion on individual vote okay and seven e4 discussion sand that is d like David E is an era p is in Eric okay where h over okay h half of it yeah we're going to call it a consent agenda anyway it's now item 7c d g i j k and l it's okay i'll check in the poach a motion to approve what's left of the consent agenda by Councilman ted nelson seconded by Councilman Jim Nelson this is open for debate hearing none please vote before is unanimous so what was left of the consent passes we now move to item 7a considering take action on the approval of the use of municipal court technology funds for the security equipment upgrade in the municipal court lift your proof Second Council mccombs has made the motion to approve seconded by Councilman barber andis item is now open for today councilman Barker just real briefly if I need to educate myself on this one more time when do we need to go after bed on things is there a dollar amount that's a firm dollar amount above which we have to go up to did under state law it's anything over 25,000 under the city's own personnel I'm sorry city's own purchasing policies anything over 15,000 okay but the state over farmers please thank you I just was looking to clarify that it's a thanks look okay anybody else on the cube okay motion is to approve by council McCombs seconded by Councilman barber with no further discussion please vote for is unanimous motion passes we now move to item 7b consider take action on the donation of abandoned or unclaimed bicycle bicycles to bicycles a philanthropist philanthropy group we could pull that just so i'd have to say that though Phyllis brother's building philanthropic I just learned something tonight okay okay council because you want to read your motion specifically I'll move to your food somebody else has to say that okay i'm going to say counselor causes motion to approve and who was it seconded by Councilman Sanborn is second to that and it is now open for debate and Councilwoman Sanborn when I was reading my packet lastly and I read about this the reason for those of you that may not know that these unclaimed and abandoned bicycles are being donated is because our new Walmart some generously donated all the bicycles that will be needed for blue Santa this year correct chief Daniels well the walmart has donated the bicycles in the past we certainly expect you continue okay well I want to closer to home okay because the the sheet that I got said that they had agreed to donate enough bicycles and I think what a lot of times what you do they work on these and donate some of these bikes but my question was where are we what organization are these bicycles going to be doing well that that's the name of the organization the bicycles of filling profit group and they they are their nonprofit corporation is called Bay Area Christian services and they run lighthouse christian ministries so they'll go to children with in the bay area right there go to a lady deeply dear okay thank you okay anybody else okay motion on the floor is to approve seconded by Councilman together up Phyllis true I'm sorry barricade Emil go just a quick question do we do we identify these bicycles at all when we receive them like I must engrave something in them or serial number at widget we note there of course we log it in by a serial number or any other numbers owner applied numbers or so forth that they come in but we don't actually grade them ourselves okay hey John council would you check your button for a second okay very good all right okay with no further debate please vote for izz unanimous motion passes 7e considering take action to grant a variance allowing malik chiropractic health clinic to hang a banner across FM 518 groups approval for discussion okay council McCombs was made motion to approve a second little bridge okay councilman jim nelson has seconded that motion and it is now open for debate councilman Samuelson mr. mayor I ask that that be pulled just because i think that the citizens need to know why we would consider approving a a banner across a public highway to private business okay and so Larry do we know what does the banner say it's right here just some time you tell me just by years women's I'm doing which my understanding was it was a 501 3c and it was for a nonprofit organization that no I'd in a woman's dead calculating so the banner ID it shows in the background that is for a non-profit event so I assume that it's not benefiting Justi just the business i guess but for the nonprofit event itself even though it's sponsored by there's private business tryna i would support that I just want to make sure that the citizens understand that why it is that we would allow the sponsor being a private health clinic to put a banner across 518 council come there i don't think councilman simpson brings up a good idea i think we really i mean the information that we have here is very vague I mean the way I read it appears that it's about 11 to receive but or a nonprofit organization I think we need probably some clarification with that motion i would like to amend that motion if it does benefit amount of profit organization that we pass it if it's just a private business are looking at the looking at the documentation here it shows that sponsored by the health clinic i want to make sure that we're going to advertising for businesses that's all the office yes local this has all benefits yup goes to their journey point so i would soon your survival one but let's just clarify that in my motion that if it is a final 13 c 4 nonprofit organization that we accreted well now are you talking obviously you're not talking about the chiropractic lunch no no sir i'm talking about the event itself the event the event is supposedly a 501 3c the sponsor is a private business i guess that's the best dilemma depends on the background clear that it's a non-profit event with all proceeds benefiting by your turning point so which assume that is you councilman councilwoman sanborn is the Mallik Arctic health clinic located only city I'm getting a nod from the audience but you give me yes I'm giving yes from the audience let me show well that is where the Gateway Community Church is a short phrase would and friends with oh it's in France with what it says on the application well the business is in friendswood the church is in clear lake okay yes yeah underneath say Phillip council wants a morir anything else or no I'm just I'm just pondering the businesses inference would and this is taking place in clear lake I question to that that about put in the Sun all right okay councilman Mike Barbara yeah I appreciate all the concerns away i'll just tell you the way I'm look at this it's Bay Area women's day and week City women are Bay Area women I mean stuff that makes you feel a little bit better about it i think it is a benefit to rid of this community and the turning point serves them as well right that that would be my understanding so otherwise I understand your points councilman kini yeah just real quickly to reiterate the previous comments they're turning point serves women and families inland that reside in league city as well as around the area and I think it so it's a great thing counseling tad Nelson are there any costs associated with putting us out who puts it out we just may deserve street department go hang them sonic oh no sir hard mr. emergency plumber was a park board how many times here do we put streamers across 518 are going there do we turn anything it is any 501 C and they just do it everything have an event we have a rolls on as what I'm asking well the rules are just that they have to submit and requested women do those days so from the city and then we go to tech stock and request the permit from a week we go to tech stop yes sir so I mean how much for that means that thank you minutes minutes of them and and we only get about four times a year this is the second one in the two months I've been area sir park ok it's does it's not a problem for you guys well okay great thank you councilman jim nelson yes well this is a good thing i do i just think that but i don't like the idea of somebody's chiropractic health clinic in another city and their telephone number underneath this banner because we have chiropractic clinics in our city and I think that's we shouldn't be advertised for somebody outside of our so if they take that advertisement well sponsored by how I can support it but I can't support it with that on there I'm sorry I i I'd love to support it but not with an advertisement for a clinic outside of our city councilman the cabinets what is the date again November for let's see how the vote goes is this might be an issue where we want to learn and perhaps address the situation differently in the future without sacrificing a really great cause you know what I do agree with both the Nelson brothers whatever that is but but I would hate to I would hate to penalize a good 501 3c because we didn't have any clear-cut rules and regs councilman Nelson and he could use this of the learning experience for the next time Thank You counsel makini well I guess the question is is what are we learning and I guess if either stamp or the mayor would like to bring forth some proposal for qualifications design a banner you know that sort of thing and I'm not sure exactly based upon our discussion the night exactly what you would bring forward but I know that you know we again this is something that we need a policy on and if everything in the in the process of bringing that forward I guess you need to probably email the the no votes tonight whoever votes no go ahead and bring that for by I'm going to vote for it but I still have concerns also because of the comments that were made maybe we can clarify mr. Keeney effect nina ricci I think mystery has some information there is a policy on minecraft these issues but vendors I think also what a suggestion would be to have our special committee Special Events Committee take a look at all these banners and they can set forth the policy to see if council agrees on it that way it goes to the Special Events Committee before it comes to council a bigger thank you it's not so much I think the policy is probably adequate it's just when you have a private sponsor to a non-profit event that's that's clearly what we're struggling with so probably needs to run through the special events or EDC or somebody like that if they've exhausted somebody with the credibility of EDC has exhausted all private sponsorships in league city that would be great but I have to hear that from somebody like EDC me councilman Samuelsson I apologize to you because you were next on the floor that's okay what's right I agree with pretty much everything that we've all said so far and I think that exactly the problem is is that we agree that this is a good cause but I don't think we agree that a private business should have its advertisement on there as well but especially a non-local one the banner as it stands as a top section says Bay Area women's day Gateway Community Church the address the date the time then below that at the bottom says sponsored by Malik chiropractic health care for health clinic and a phone number i would encourage the movement to agree that we can hang a banner to support the event but not necessarily the sponsor as i'm sure they will have many opportunities to advertise themselves at the event and if they've already purchased that banner i'm sure that that bottom section could be removed from it so those would be my comments i would support it if we were encouraging the event and supporting the event but not necessarily the for-profit commercial sponsor councilman jim nelson yes if mr. combs would amend his motion to say that the banner could be approved with what the sponsor taken off I could second that and all due respect mr. Nelson I think that the banner is probably purchased if we're looking at October the 30th for the event to start taking place here so i would say in the future yes but i think this is a good nonprofit organization we are to support it I don't like the advertisement on the bottom either but i think what kind of crunched for time right now I don't think that I'm going to change the motion whole new perspective on the date rollers Leslie okay councilman jim nelson has withdrawn his second son will go second okay Mike Barbour councilman barber stepped up with a second and then the motion is still to approve as is the coolest addition OS that's assuming that very woman's is a is a 501 3c or as long as it's a nonprofit organization benefiting a federal wintry see you sir all you clear on that I have clear so they'll need to be some determination made before the banner is hung if it proves that they're not then the banner doesn't go up absolutely Thursday okay [ __ ] you Larry [ __ ] Councilwoman Sanborn actually all right you want it first I just want the city attorney to clarify who Keith was considering the they on that with this application i think was processed by the worst parts i would probably be within their bailiwick to follow up on know who's they who's the day it's that you're going to confirm is a 503 c place we're going to start it's going to be with the applicant itself malik chiropractic to see if they'll produce the information because they're the one that they're proposing okay but we're speaking about Bay Area turning point right that's right okay in which which they are in our community block grant do we give any money to bury this very turning point get any money from our community Blackburn yes they are a recipient of CDBG funds ok so the city we've already that will some point in time I think twice we have determined that they are 501 C 3 the Bay Area when this turning point is about once we'd be happy to provide information to support that to the public works department okay so steps has documentation but they will provide that very turning point is in fact a 5 o-130 see so the motion on the floor is to approve by council and co-executive our councilman Mike Barbour and with no further debate please vote for izz councilman Barbara Collins John kini and Phyllis Sanborn oppose Councilman Jim Nelson Ted Nelson and Chris Emerson motion passes and now move to item 7 h considering take action on ordinance number 2006 dash 92 to designate the name egret bay boulevard on FM 270 as it extends from Clear Creek to FM 646 this is the second reading club I'll make a motion to approve this for discussion Councilman Jim Nelson's made a motion to approve for discussion second segment of our councilman combs this item is now open for debate councilman jim oh yes we want to do is designate this on the North and the South portion of us with 518 being the dividing line anything south of 518 would be a great day boulevard south and north of that would be agregame of our North instead of just bigger Bay Boulevard says death concurs with that mr. Nelson because there are some same number of addresses on both sides thank you me thank you sir thank you so it's to approve by Councilman Jim Nelson segment seconded by Councilman cones is a second reading no further debate on a few so please vote for unanimous motion passes that ends the consent agenda item number eight with for some staff members mystery is to actually achieve Daniel okay I'm very pleased to announce that the Fallen Heroes monuments been delivered and installed and I like to notify everyone of the dedication for that Monument the Saturday November the 11th at 10am that's veterans day and this monument honors nine league city residents who've given their lives in the service of our country since World War one and I would also like to ask the public's help in trying to find family members for one of those fallen heroes and his name is richard joseph thompson and he died at Pearl Harbor and I would like to very much like to hear from a family member of his as I've been unable to locate any and that is a Thompson with no he thank you okay any further staff report okay please item number eight item number nine old business 9a consider take action on renewing the annual mowing services and channel maintenance contract may I make a motion to approve this contract with a 4.7 percent increase that's like a councilman kini say the motion to approve this contract with a 4.7 percent increase and that was seconded by Councilman Jim Nelson it's now with the debate hearing none please vote four is unanimous motion passes 9d consider take action on renewing the annual streets sidewalk and storm water drainage facilities repair contract mayor make a motion to approve councilman kinis made a motion to approve circuit Councilman Jim Nelson a second to that motion is now for debate hearing none please vote with american plate sorry okay counseling Jim Nelson expectedly the pervert you have a figure estimated figure that this is going to cost the city over the period of the year 264 165 it's a two-part contract one of its bulk one is imminent repairs did we have any money left over from last year we're using that right now is technically you need further questions hearing none please vote motion is to a prudent for is unanimous motion passes now move to item numbers 9c consider take axle enormous number 2006 dash 25 amending ordinance number 200 369 amending chapter 90 of the lead city code of ordinances by adding section 90 dash 1616 under temporary political science secondary Miriam to deny second council councilman Samuelson's made the motion to deny seconded by Councilman tad Nelson this item is now open for debate councilman Ted Nelson the same breed are not for the suspect it's very pretty plate right now with two weeks to go before the November election there's political signs everywhere heck I've had political signs put out but we could at least save city property from this nonsense it just it just walked everywhere people want to put that in front yards that's fun they shouldn't be able to put that on city property okay councilman chris dammit i agree with mr. Nelson which is why I voted against this last time I think that the one place people should be safe from having to be subjected to campaign signs and campaign materials is on city property i think it's an inappropriate place to display campaign materials and I think that we should vote this ordinance down Thank You councilman Tom again i'm in favor for the simple fact that this is only for election day I think notifying the people who is running for far as an important thing you know we just recently changed from voting at schools to city facilities in city city owned facilities if we had a strong commitment not to vote or have the people being political at city facilities we shouldn't have allowed our facilities be polling places I think it informs the public it simply allowing them to put them on the city property instead of in the right of ways like you see at the fire station number four on Barry Boulevard to me it makes sense only on Election Day and that's why we drafted the ordinance to just say only on Election Day not any other time councilman Sanderson again I think it's just the one place that our citizens are you safe from having to be barrage with campaign materials and campaign signs you walk into city property it should be a safe nonpartisan non-political place to exercise your right to vote campaign signs and propaganda have absolutely no place whatsoever on city property councilman kana and again due respect this has nothing to do with the propaganda or the brochures handed out at the city polling places is only the the political signs to notify the public who's running for office councilman keen I guess my question is of the city attorney is have you reviewed this ordinance changes yes I and do they does it in any way conflict with state ordinance regarding handing out posting signs or anything no sir out of state law electioneering is prohibited with any hundred foot distance from the entrance to the polling location and that way which is actually included in the language here so it's really just doing the same that we've done every year except now that we've changed the polling places two more for city property were just continuing what we've done in the past with on school property well right what you're doing is creating an exception to the existing ordinance which prohibits the pipe in a campaign but here on election signs and city property captain Ken Nelson I just wanted to bring forward that we do have a hundred foot marker line and anything beyond that should be available for use by political signs of the candidates that are running it Thank You the motion on the floor is currently by Councilman Samuelson pardon me to deny and is seconded by Councilman tad Nelson so with no further debate please vote I'm sorry through the queue please vote again keep going till we get 90 k 4 i'm sorry opposed his councilman Tommy comes John kini Jim Nelson and Phyllis Sanborn four counts from my barber Ted Nelson and Chris Sanderson's fair make motion to approve this ordinance ok councilman Combs has made motion to approve seconded by Councilman Jim Nelson any further debate on this issue hearing none please vote motion to approve counseling barber combs Keaney Jim Nelson and Phyllis anvil and toes councilman Ted Nelson and Councilman Samuelson motion passes item number 90 consider and take action on reinstating funding for all meals for boards and commissions meetings which were funded prior to approval of the fiscal year two thousand seven budget glued to a proof councilman jim nelson has made a motion to approve a circuit seconded by Councilman cones and the idea is open for debate councillor kini i took longer for be also it was always taken out of previous fiscal year yet prior to the previous year district so it was never in the budget Bell sir it was not in last year's budget okay but there were you know their source I think seven or eight volunteers have served on that board and it's always during the dinner hour and appreciated mr. Nelson would add that back in as well yes sir okay so motions to approve then I'm in my ok well the Russian to include for beat cancer council Macomb second second did that okay and Councilman Jim Nelson with that death may I know but you're on the kid is long story okay I was going to mention for the hook it up take himself off the queue problem okay with no further debate the motion is to approve adding back to Mills for the boards and commissions members and adding 4v with no further debate please vote for is unanimous motion passes with Councilman sandals on out of the room Mary point of order don't stab would like some recommendations on funding also that was completely cut from all the committee's budget where I'm getting a look maybe I should find it yeah how about yeah how about we immediately ello staff level tomorrow and we'll make a recommendation of the council let them know what our recommendation isn't where we're going to get that money sure okay thanks three million dollars worth of reserves item number ninety consider take action on amendments to chapter 78 of the quarter-boat code of ordinances of the city of League City and titled peddlers and solicitors boo boo Councilman Jim Nelson's made a motion to approve a second Councilwoman Phyllis Sanborn a second to that motion is now open for debate Councilman Jim Nelson yes mayor as long as this just excludes the newspaper situation that we had some while ago we did have a peddlers and solicitors ordinance many for many years prohibiting solicitors coming around soliciting things at people's doors in the various subdivisions and in the streets of the city however after we did away with the ordinance when we had the problem with the newspapers one of the subdivisions have been inundated with these peddlers so I heartily recommend that we approve this council McCallum thank you mayor mmm it was my understanding when we took this out of the city or just conflict with the city ordinance I guess my question would be to mr pongco this is the original Turner against the original city ordinance that we had back in 2004 do you see any conflict now today with the capital city ordinance right to clarify what I've handed out is a copy of what existed on the books before the revealed section 78 39 still exists so everything was repealed except for section 70 39 which had to do with the sales in the roadway do you foresee any any areas that we need strengthen well the ordinance to add if anybody I do if anything I guess we need simply solidify and make clear that what was intended in the ordinance was that this was limited to commercial activities I was I'm confident that it already hasn't language in there and that it's restricted only to personal activities but we could certainly bolster it the other issue that you have to understand is that the case with the Chronicle is still pending and where it's actually set for oral argument and Fifth Circuit sometime of december before we do anything before we adopt the ordinance that brings back any provisions of this ordinance my recommendation is going to be that I scheduled a meeting with judge Kent who still has jurisdiction over the case to inform him as a courtesy that what we're doing is in no way shape or form intended to go around his injunctive order and I would certainly welcome the attorneys for the chronic lift the Daily News to be there to do that should we not maybe postpone this item since we're passing an action item tonight well you're not and bring them back to us I prada I think what we were looking for from the staff will particularly for my office was direction from the council as to how broad how much of this they wanted to bring back whether they wanted it to be simply limited to the hours in which solicitation could occur or did you want to go back in and put in provisions that require applications for permits bonds background checks and so forth so we got tonight's discussion or tonight's agenda items really to get some feedback from the council as to what direction you wanted to go and then we would bring an ordinance back for your consideration but what we're passing tonight is we're checking an action item of amending chapter 78 of the coordinates with this current ordinance that does not have all all of your suggestions that's my point I'm I said we agreed that we need to make it strict that we need to make take a look at the entire ordinance but I would hate to make a first approval tonight and make several changes on the second one well what you don't have any specific legislation in front of you time to pass once again this was just something what is this that Mississippi as an information and purpose just it just shows you had currently ranked Frank we're not letting each other's by port we're not trying to no sir reinstate this is Lord and censor ignored especially okay then then let me clarify exactly what councilman jim Nelson's motion has well I'd like to adopt this this article so should should you have possibly amends your motion to say that you give the city attorney you know confidence to continue working on it yes so we're all clear yes okay little bit and Councilman Sanborn are you going to maintain your second or I'm going to maintain one second but I request okay I'm not up till right and what ahead yeah council councilman Sanderson's next I'll have the same word go ahead of me seduce him okay it's right man well this has been a repeal correct all but section 78 39 that's right I don't know if we should do this tonight or if we should wait in workshop it we do have a workshop coming up or a couple of over the next couple weeks I would certainly go with the recommendation of our attorney but there are parts of this I don't mind a scout coming to my door I don't mind a little leaguer come to my door I don't need anybody knock on my door and try to change my religion I know just where I'm at with my religion I don't need people coming out of Houston being dropped off by the van loads coming through my neighborhood knocking on my doors and I don't need people trying to get better changed my electricity over and other things like that and I think that that is what we are trying to prevent is solicitors of that nature and and we're not trying to prevent anything that involves children and youth I don't think that's the spirit of the ordinance and I think I would support that tonight I'm I'm waiting on the appeal is to come back on the newspaper solicitors in the at 45 and 518 I'll tell you why when I was going to get hit one of these days down there because they are out of control running a cars there thank you okay this is officially a workshop item now we'll continue to run down the cube at the motion by Councilman Jim Nelson is to approve the city attorney to continue to work on it and in that that will be we will also workshop it so we can hammer it out after oral has a final product and I assume you probably go ahead and speak to judge can and then bring something back to absolute great councilman kini well I'm not sure if we can stop anybody from coming in wanting to change our religion or or that that sort of thing but we certainly don't need the barrage of people that we have running through the neighborhoods knocking on doors of my direction to the city attorney would be that I want this to be as tough as possible to prevent commercial solicitation in the city of League City there's plenty of ways that contact can be made with potential customers in the city of League City and that's even even by joining the chamber and attending chamber events and whatever it is there's all kinds of ways that we can that commercial vendors can make a contact either through mail or some other type and I'm sure that there's plenty of or do you think you feel that there's sufficient case law that you can review and and toughen this up more than what it currently is the principal case is a 2002 US Supreme Court case called Watchtower Bible which basically said that as long as you're limiting your permitting application process to those engage in commercial activities you're fine so you're saying that if someone comes and they're not in a commercial activity that can we still put ours now that was the other issue that was addressed by the court in that was that whatever restrictions you place on the time periods in which they're permitted to do it they have to be quote unquote reasonable and what I what I gathered from the case was that you need to coincide with dusk you need to allow a certain period of time within which they can engage in their activity after normal business hours but before the Sun is actually going down its past darkness so there is a there's not a real heart and find test that the court laid out but reading between the lines if you can structure it so that it's it's at parallels you know certain meteorological benchmarks and I think you're fine okay and what about the background checks that makes me nervous when you start implementing that that wasn't a part of the case there are cases that do talk about that being a part of your application process once again if you're really restricting it only to commercial activities you're probably ok but I would really want to look very closely including that in your in your word is ok what about does the company get the permit and then let's let's just I'm not going to let's say a company wants to solicit door-to-door and they'll come to the city and if we make it so that they'll have to request some kind of comment on that permit I'm not sure if you're uncomfortable with the background checks if you think we can get that through but what about at least listing the name of people that will be doing the solicitation on that program well I agree with that because any framework that you bring back in any permits that you issue and any identification cards need to be tied to a specific individual so that because though there will be some identification car they had to be identification card issue and that was part of his organism and that cost can be charged to the vendor of themselves yes okay that's the kind of direction that I'd like you to go personally councilman Sanderson you know two meetings ago I mentioned to all the citizens that I intended to try and help push through some type of restrictions ordinance dealing with the door to door solicitation little did I know that there were others that were heading at the time by chris reed bottom line the people who are out there door to door knocking on doors trying to raise money not for non-profit reasons or Cub Scouts or spat you know after-school sports but people who are trying to sell you you know art and you name it they know that we don't have an ordinance restricting door-to-door solicitation right now and I could tell you that I don't necessarily know about all the neighborhoods in league city but in my neighborhood we've had her an amazing spike in the door to door solicitations and I happen to be the HOA president my neighborhood and I get calls at least once a month from some nervous housewife or somebody saying there's this person that doesn't belong in our neighborhood knocking door-to-door and they were rude and they were aggressive and they scared me and will call the police and you know the problem is is that when you call the police the police can't do anything because we don't have an ordinance on the books right now and I know that chief Daniels and some of the officers from the pd have come to me personally and said please give us the authority to do something about these people and I agree with mr. Polanco that when we start saying if you want to sell door-to-door you got to fill out a permit an application and you got to get a badge an ID that we're just asking for trouble and ask him for litigation but we can impose reasonable restrictions on people going door to door what our can you start in the morning what our can you stop at night you know there are things that we can do to protect our citizens but one thing that I do point out to all of y'all who live in our city is if you live in a homeowner's association in an HOA you can make those restrictions yourself as an HOA and you could say this HOA this neighborhood that I live in we don't allow door-to-door solicitation and you can pay some money and post some signs at the entrance and the exit to your neighborhood and if people come knock on your door and try to sell you things and you don't want them there you can call the police and you can complain that these people are trespassing so don't wait for the City Council take action in your own local community your own Association your own neighborhood and determined for yourselves what you think is acceptable and not acceptable but know that beyond that your City Council is working to try and place some restrictions back on the books for our general overall community but don't wait if you have an HOA board meeting come up past your own restrictions and you can call the police and if you have an order you know if you have a restriction on the books you can let the police department know and they will come out and they will assist you that's a help from Ted Nelson and mayor what I'd like to see if we could have workshop this to about 30 or 45 minutes before one of the other workshops so all seven of us they kind of remark or directed rather than chasing one or two directors from different people and let's see what all seven others things everything excellent and i would say in the meantime prior to us setting it because we do have a pretty good log of the workshops feel free to email mr. Blanco at any time with your suggestions on this and he can bring you know product to the workshop it's now almost complete council makini well the only reason I brought this back was you know we can wait until we workshop it I'm not sure when that's going to happen but then I also you know just a second ago I believe to see attorney said that we could require badges but then I hear another council person speaking saying I know that the city attorney has concerns about that so mr. City Attorney do do does the city have the ability to enforce and uphold ordinances that we require issuance of solicitation permits for commercial activities and my answer is going to be a conditional yes and the reason I say conditional is becoming things conditional at some level I guess your current because the Supreme Court case is not a direct not directly address that facet of the ordinance that was not a component of the ordinance that was under attack in that case and so I can't say the Supreme Court either like it or dislike it there are other cases that talk about it which is why I'm saying I agree that we have the police power to do it I just want to make sure that there is it is supported by case law oh I agree one hundred percent I you know my final comment is that I don't want the city to enact any legislation that it can't with that can't uphold judicial challenge and and I would hope that there's plenty of case law on that either federal or state for the state okay with no further debate on the cue the motion is to consider is to approve it to continue to work for Arnold to continue to work on it and bring back to work supper the summation very good with no further debate let's please vote to vote it to bring it back to work shop so we can finalize it and then ratified fours unanimous motion passes we now move to item 10 a new business considering take action on possible reimbursement of a fortune of compression calls for utility extension along clear creek avenue Vera so moved County Council makini has made the motion to approve seconded by Councilman Jim Nelson this item is now open for debate councilman councilman Guinea I'd also like to see that the city attorney given that the code appears to give the city the option to correct this deficiency so we don't have to take care of this each time it comes up i like the city attorney to approve that and i'm assuming that given that the fact that it would take a public hearing it would have to come back before council to set that public hearing that's correct okay thank you with no further any further debate we are leading some clarification I guess by mr. Keeney the motion or actually the agenda item that was prepared was to either authorize a direct reimbursement to the to the property owner or alternatively to pursue the public hearings and notices that they detect place before you can assess a property owner so I guess for the record we need some clarification well of course I'm making the reimbursement to the property owner sure acha kiya requesting authorization to reimburse the operator now correct okay okay and Jim Nelson you yeah okay and set it okay with no further is there any further debate hearing none please vote for gene animus motion passes item number 11 a considering that action on an ordinance of ending ordinance number 200 524 to rezone approximately ten point four acres z 06 18 Randall's request number two from neighborhood commercial to mix use commercial legally described as a portion of the john dickinson lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 emotions are a second Councilwoman Sanborn has made the motion to approved in the second by Councilman Samuelson this motion is now open for debate councilman barber I just wanted to stay for the record I had we first saw the request to change something from neighborhood commercial originally for general commercial and then subsequently for mixed-use commercial being given its location I was never really in favor of that because I feel like that's a good land use we had it right however in meeting with the applicants looking at their plans and understanding the PMZ would use great care to make sure that most the concerns brought up by the community about what eventually go here will not happen and you know I feel like everything has been addressed even though there are things with in the commercial mixed-use that can happen I have sufficient feeling to believe they will not and so I will be supporting this tonight but I do ask marion and especially if others feel the same way to discuss what's the p + z we can't stipulate anything but we have a strong belief that there should never be anything such as a multilevel hotel which would be it's allowed in the land use of CM things like that and I know they don't have a lot of clarity what else what all would go there but I ask that you pass that along I think they would probably have that feeling even without our stating so up here but so and the other thing is also maybe with property owners the of another concern that came up from the community had to do with the establishment of bars that would be alone and it is my understanding that for for an establishment such as a sports bar those kind of things were greater than half their revenues are derived from the sale of alcohol and on-site premise consumption that they would not be allowed due to the buffer required by law to the school and I have a nod from Mary chambers and I think our city attorney is unless he corrects me that is my assumption so some of those things that the neighborhood is justifiably concerned about cannot happen so this would not affect that so I think pretty much we have a good plan on going forward and all the people who came forward previously I think your concerns are heard and I think we won't we won't have any of those problems surface as a result of this proposal zoning change Thank You Councilman Jim now sir yes we had originally approved this and told disapprove this rather and told the owners to go back and bring it forward as a commercial mixed-use and so they did and then objections came up and not even brought on the table last council meeting I really believe that this is good for our city it's going to bring commercial vendors in velocity on that on that particular property and I think everyone should at least give a good [ __ ] to approve councillor firsthand I think that the reason why this failed on the first go around had to do with an incomplete presentation I know that most of us up here since the last meeting have had the opportunity to meet with the applicants and I would like to invite the applicants up here to address issues right now that have to do with buffer zones and providing adequate space between the landing neighborhood and the commercial development on a 518 mr. nagger am I saying that correctly close enough you it took the time to come to my office and visit with me and show you your drawings and your plans and I would just ask that you give us a brief summary of the that includes information we didn't have available to us last time about the amount of land that you're actually seeking to develop versus the entire size of the track that's there I apologize in advance if I don't use this correctly but it I plead us Wow you may I guess the one concern that came up was there was a misconception first of all that this was going to be a 10-acre gas station this is not a state your name for the record is Rob nagar okay thank you around where we were proposing fuel station to be would be on the corner and that occupies approximately 68 70 thousand square feet so just roughly about an acre lilburn eight acre and a half of the 10-acre site we have been in discussions with another single tenant retailer that would building next door small multi-tenant building of about 50 200 square feet and we have we're not sure what we would do with the remaining that we've had some discussions with different people and the remaining portion of the site and i think the other misconception was that our site was immediately adjacent to the neighborhood behind us in fact there's a vacant four acre parcel behind us that is as an additional buffer between the back to the back of our site and the neighborhood proper I think that was that was some of the concerns that were brought up last time if I'm missing anything I encouraging but it remind me so when you look at the intersection there of a landing Boulevard and 518 that you're seeking to build a gas station there on the south side of 518 on the east side of landing Boulevard correct correct and directly across landing Boulevard on the west side is an existing fuel station correct and across 518 on the north side but the east side of landing isn't is a third fuel station as well correct okay so and then on the the remaining corners of CVS pharmacy so your proposal would add a third filling station to that intersection correct so it's not necessarily inconsistent with the uses that are already there now moving east of the fuel station closer to the school you've got letters of intent for some other customers or purchasers to to develop that land and none of those uses are things that have been voiced to us as being concerns earlier about you know a sale of alcohol or sale of firearms or anything like that in fact they know one you couldn't develop that land for those with that proximity to the elementary school we could not do a bar as mr Barber mentioned previously that's sold more than 51 percent of their sales were derived from from alcohol so we could do a restaurant such as a chilling that has a bar inside because they derive more than 51 percent of their revenues from from this from sell food so yes you could have a Chili's restaurant or a fridays restaurant that has a bar inside that they they are primarily a food establishment but you're restricted in what you can do with that property because of the fact that there's an elementary school directly across the images we are so we can only have certain types of businesses go in there correct now when I visit with you the tract of land directly behind what you've got under contract along 518 you've got a sketch there for a potential church that you you've had some conversation we've has a church nothing firm I mean we've had we've had inquiries for from one or two church facilities we just don't know at this time what would be developed we wish we knew one hundred percent but we just we don't know at this point okay and then to be clear behind that the drawing Apple directly behind the church is a four acres bacon track there's another four acres that you don't own it i don't have undergone on track don't have it don't have any desire to purchase okay all right Thank You councilman barber just one more question thank you for staying up there um how we talked about I know this process of strike down considerably for you and I know that your this is time sensitive stuff are you aware though I didn't get a chance to discuss this with you this being the first reading of the ordinance so unless the council did a first and final tonight this would still have to come up and are next regularly scheduled meeting is that acceptable to you or are you a it could possibly it could potentially I don't know that i'll have the additional time if there's any way to do the first to file that that would be the way we would prefer to go okay um with that said I would hope that anybody would be hesitant to do so would take their opportunity now otherwise i mean if i don't hear any i will make a motion that we considered you to do it on first and final I have one more personal like you councilman the Sanborn are you prepared to change that yeah I believe that this has been going on since june the tent is what I over it with the original council many more counts as yes but the process itself start right mushroom right much sooner than that but we council voted on initially on jun the tent and asked you to go from neighborhood commercial to commercial years Creek I would amend my motion ok councilman councilwoman Sanborn is going to a mentor motion well actually there's two motions now you'll make the motion to reduce to pass this on first and final yes sir and so again seconded by Councilman barber so now it is now open for debate on whether or not to pass this on first and final councilman kini I guess since I didn't have any opportunity to know we will come back to you you're still on being in it I'm trying to figure out what's the necessity for doing this on first and final is it is it just because we don't have you know the last time that we were here you know we had a citizen that got up there and threatened that he would make sure that none of us got reelected if we did this one if we went ahead and voted this through and and then there wasn't even a motion made to either deny or approve and and I certainly have you know what I wanted to see was exactly what this a sight drawing is what I wanted to see I hadn't seen it yet and so I'm still just trying to figure out if we're going to do this on first and final why why do we need to do it on first and final I've just been passed a note that says issue is financing by the applicant they are out of time we are out of time okay well I spoke with you and I speak with you this was it last week unless there's last Thursday and at that point in time you made no mention not one mention throughout that whole thing of a dis need to do this because on first and final that there were problems with financing well part of my my not knowing the process will probably long enough that there would be a no I didn't know there was a first reading in the second reading and I don't think it ever came out this to a timing and one of my other discussions with some people you know can we change this and come back in two weeks and we don't have that time to do that any longer we have to make our deal and move forward with with a big we're purchasing the property from they are not going to allow us it's been nine months at this point that we've had this property under contract and they are not going to allow us any more time to proceed forward I mean he didn't I think the one of the gentleman that I met with was from the owners rep it was Arsenal's purchase purchasers at the property yes okay and when's our next meeting I think it november 28 I don't have in front of me's November of our quarry November 14 to thank you and so you're saying that if that you will lose all your financing and you this will not be a go there's a very good chance the seller will not allow us that extension I think this I think the sellers having a tough time getting piece rid of this piece of property because it is it's a it's a it's a tough piece of property to develop it I appreciate you coming in and in working and coming up with something that can't fit on there and coming up with the layout because it is very tough commercial neighborhood for this property would have been almost impossible I mean what do you do you you know you can't fit ten dry cleaners on this this piece of property so you know I'm saying I really appreciate you coming in and your continued effort I'm just saying that you know that the reason that the city has those types of processes is to ensure that we're not making fast decisions and based upon what's going on tonight or the last night time that we met after Thank You American councilman Barbara I actually agree with pretty much everything you just said and I actually that I have some some reservations about it the only reason I'm willing to do that tonight on first and final is because or the reason it's taken so long in the council and as you just mentioned you know it did penalty be brought up for discussion two weeks ago otherwise I don't think we ought to anybody to worry about their timelines and problems unless they're doing something we've asked them to do that's not the case here but we have delayed this ourselves and that's the only reason I would even consider doing it that way but otherwise I agree with everything you said okay the motion on the floor is through prove this on first and final by council woman Sanborn seconded by Councilman Samuelson and those are very too difficult names to get out correctly I service mr. barber oh you're right that was the original motion Sanborn made the first and Councilman barber made the second think your honor okay well I knew you where you're standing right there now this vote is to is to approve to the vote on first or finals so please vote for izz councilman barber cones Jim Nelson Ted Nelson chris henderson and phyllis am going to pose councilman john keaney have to have six of seven for first and final solution passes the motion back on the floor was a councilman councilwoman Sanborn seconded by Councilman Samuelson and at the time we left the queue councilman kini was on the cues so council makini was you dr. forward um yes murder I've just got a couple of questions or comments made that pn z was going to be able to determine the nature of the development you know no hotels is there do they have that authority to do when they're looking at the unified plan they're looking for compatible land uses so in essence yes they do because they are looking for compatibility with the existing land use as to what is going on on that site okay and when I talked to the city attorney about a site plan is that that's different than the unified plan it's one in the same the ordinance just refers to it as a unified plan but we would be looking for the site plan which is the same that the applicant would be bringing forward to TRC once he gets the blessings of the Planning and Zoning Commission okay because at that time i was informed by the city attorney that a site plan did not have to go through pansy only in the CM zoning district this is the only zoning district where else what we were talking about is great it's only in the CN zoning district well that's what I'll guess I guess so okay so in this cm zoning a unified plan does come before piensa yes sir it does all right thank you okay well inspire me with the motion on the floors to approve and with no further debate please vote for izz unanimous motion passes 11b consider take action on an ordinance amending ordinance number 2005 dash 24 for a special use permit on approximately ten point four acres for gas and server station in commercial mixed use zoning legally described as a portion of the John Dickinson League survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being and the 2600 block of FM 518 Eric I make a motion to approve conditional upon a approval of a unified site plan by p + Z and and then I'll discuss why I'm making that motion just a minute second from discussion councilman kinis made a motion to approve pending approval of us of a site plan that p and z is signed off on and camp executive our councilman cones it's now for debate council makini we've got its kind of this is kind of like which comes first the chicken or the egg and this is kind of a tough situation because what happens is is because of this special use permit we're saying it's okay to put a gas station in there but the problem is is they can't really put a gas station in there without also planning out the rest of the unified plan and so that's again in my discussions with the city attorney I'm not sure exactly how this is going to actually make its way through the staff see any problems with them no sir we typically seen unified plans are to develop in phases but the time the applicant breezes unified plan to pee and z he should have some idea in mind of the exact layout of certain issues especially what he's going to build first met her face just one other thing I'd like to mention is that easy did put one other stipulation on the on the su p if you would include that in your motion we would appreciate that oh yeah consider amended it concerned the the landscaping of the trees in the area oh I get it Kaplan tinea are you many of your motion yes I'm ending emotion and counsel comes will you maintain get a deeper and i guess i'm going to ask mr. Nager neg air neg are llegar mr. neg or is that is that workable with you with the way the motions maybe and that was regarding SCP SCP is contingent upon that unify planet and again if that means i can create in phases i and i know that the front phase is one or two phases and then the rears is has some flexibility i believe that would be acceptable yes as long as i have some flexibility with the back if that's what I'm understanding and we will be looking for compatibility of lame uses as we look at those phases okay correct so thank you rob one second councilman Barbara actually I wish I'd asked this question earlier same same thing does this one also you know is there any timeline on this now that we've already approved the zoning because this is a first reading as well now this is a victory yeah the S EP is vital to our development as well I mean we need we need to both combined we can't do one without the other it's it's a they're tied together yes thank you okay so that means somebody's okay at this time as mayor I'd like to go ahead and make a motion that we before we take this what we consider it on first and final okay and this is now open for debate no debate please vote for councilman Barbara cones Jim Nelson Ted Nelson Chris Henderson Phyllis Sanborn yes to tad Milton and opposed as councilman john keane I'm sorry yeah 60 passes and that was to consider it on first and final we are back to the item itself which has been the motional force by council makini to approve I guess I have a point of order mayor yes sir um Arnold it was already emotional the four and then I know that there is an order in which motions must be taken like if I have a point of order as you can see that kind of stops everything I get our point of clarification what if there's a motion on the floor can someone come up I mean is Robert's Rules of Order is that allow this another motion to come out the way i will answer is to say it's a bit unorthodox however because the first and final motion is a companion to the motion on the floor that i don't see an egregious violation of Robert's Rules of Order in taking that in the midst of the base motion which is your mother leave on these conditions i don't see a NLC a major source of bitter orthodox a bit unorthodox slightly a grievous what was the word that you philanthropic slightly egregious agreed just slightly egregious but you're you're going to go ahead and let it slide I wonder says it's legal yeah this is my fault and as a general principle the past 18 months when when that need arises i have shown all seven council people no matter who they are the same courtesy so i'll continue to do that thank you but good question counselor the Pope emotional floor is council makini to to approve pending a pn z signed off plan and some issues with landscaping is that correct let's certainly close enough where okay and second year by Councilman comes okay any further debate on this issue none please vote Jim you get it in there very good for is unanimous motion passes item number 12 table items subject to recall there are none item 13 council members reports you've already got it item 14 counts of Mayor the comments from the mayor I would just like to say that staff handed this to me this is the award that our planning department received in Corpus Christi last week I would like to thank our entire planning department who attended as did chris reeve and myself and i think dell hardy who i saw here earlier attended Jack Carter your Shack there Kerry Gilbert okay and I think Doug Frasier from our economic development also and gary davis from socially there so get like yeah very like a cake for work we just want to say thank you on behalf of the council and to the three developers in the southwest region and of course the citizens of League City for supporting that effort and of course this award belongs to the citizens of League City it is their comprehensive plan and their vision Thank You Marion for those of you that don't know exactly this award was giving for and this is something that that I had told him in Corpus on friday for a collaborative effort and that is a key word here in league city it was a collaborative effort between the elected officials the city staff and our development community and it took a long time it took a lot of man-hours but for that effort our city staff was recognized by the state organization and I'm telling you we were there the ballroom was huge like South Shore over we there were ever every city in the state was represented and we stood out and above and I was just I just couldn't be prouder for that I'll touch on the wine festival that's about it we will that will conclude mayor's remarks item 15 items added after electronic agenda item number a consider and possibly take action regarding the city matters bimonthly newsletter I would like to make a motion to consider the discussion in regards to the city matters newsletter well council McCombs would like to discuss the city matters by month of newspaper and it is seconded by Councilman Jim Nelson it's now open for debate councilman home yes thank you Mary you know i received several calls of this newsletter that went out guess this month i received it on 10 16 / 6 and it was for july to august on city city newsletter i was also very alarmed about some of the items that we had in there in some of the dates that we passed I would hope in the future that we either a not sent out the city newsletter if we're that far behind on the on the news to the city I think our city budget is about 80,000 on this but one thing that really alarmed me after I looked at it mayor and I would like to bring open and if it may approach the bench to replace it only overhead if there's absolutely a good day again as you notice up from the left side it says quotes from City Council we have five out of seven council members that have a quote there I was somewhat alarmed that two council members myself and Councilman Jim Nelson were never notified or asked to have a comment in the city newsletter not only is it illegal to have a council comment in the city newsletter we passed back in October Day 2002 which I'll put that on the overhead also I think each council member has the copy of it right here it states on the very back under the city matters proposed guidelines that no written submissions from City Council members would be allowable to be placed in the city matters and if you remember back in two thousand two most of you made that we had a lot of trouble with certain city council members place in articles in the city matter it became a political newspaper instead of a informative newspaper for the city after further review trying to find out why we have five out of seven council members that were placed into the city matters i found out and received some emails that only people that supported mr. Reed as the interim city administrator had a chance to comment mayor I would like to hear from you tonight also on this I think it's it's a bad precedence to start when you start allowing certain council members to make comments and not allowing all council members if we're going to allow a council member to make a comment in city matters I would appreciate that you show no favoritism and that you allow all council members to make a comment and I certainly would like to hear that from you tonight Thank You Councilman Jim Nelson yes sir i also have problems with that and I did have reservations about mr. Reed but I have known mr. Reed for a long time and I know he's a an honorable man and I think he would probably try to do the best possible job he can but at the time and I've changed some of my ideas about this but at the time I wasn't sure if he could handle the complete job description and that's not a derogatory statement since then I've seen him do some things and I'm very glad to see him move forward and learn things about this particular job and I think he said he's going to be a good interim but at the same time I think we need to move forward with a they going out and finding a city administrator to be permanent for them the city of league city that said but one other thing I want to address i have also my copy this is the july august two thousand six issue and i received it on 10 1306 this newspaper originally was started by the water department city of link city many years ago and it went from of the water department newsletter to what it is now it was put out primarily to get information out to our citizens information of things going on in our city if we are going to allow have talked to mr. read about this and he's been very helpful on this on mr. Reed very much but if we are going to allow a newsletter to ever go out like this again i would really submit that we do away with the newsletter it's not worth putting out if we can't get it out on time we need to get this out in the first week of the two-month period not after or at the end of the two month period and I'd say I've received a lot of them over the years that have been late almost at the end of the period so we've always had problems getting this out we've got to stop that we've got to make sure our our people get this newsletter on time and because there's a lot of time-sensitive information in here all i have to say sir Thank You councilman Ted Nelson may I have three three quick comments number one I think we could all agree that the city matters should become out a little bit more timely I mean it was very very late this time I think we've put the wheels in motion to make sure that doesn't ever happen again so mission accomplished there the next thing I want to talk about it is the questions about the material that actually was in the city matters that was published clearly as a city newsletter or City newspaper whatever you want to call it flyer whatever it should try to remain positive and when you have seven members of a council that both for an interim city administrator I am thankful we just quoted the five positive ones idea does anybody in their right mind I think that we should have quoted the two people that had negative comments that didn't want him to get voted in I mean that's insane I don't finish he's got two more words I stated that I council have waves they understand I'm just be swaying and I did I tell you support somebody with a vote that is an SMS text acid- statement if I could finish the third thing I want to break up is mr. Cohen's brings back a a matter from the proposal on guidelines back from August thirteenth of 02 well mr. Cohen that says no written submissions a written submission is running person write something out and ask them to put it in the paper when whoever writes the paper takes a quote from an open session they've got a written submission so nothing was violated it was done properly and we had better stuff to do with our time thank you come from kini oh man um gee whiz where do I begin Arnold that's a great picture of you up there and congratulations on your certification I think it's very important and actually these I guess only I'll start from the beginning the city newsletter should be positive it should tell about the good things that are occurring in our city it's not a propaganda device to be thrown out of airplanes hoping people read it and agree with whatever set in there these comments were not necessarily said in open session I received an email saying how about this comment from you and I said no I don't think I can agree with that comment but you know here's a comment so it wasn't an open session I also at that point time had no idea that certain council people were not going to be allowed to voice their comments in the newsletter I think that this is a divisive piece of propaganda that divides this council and does not bring this council together now but I guess since we brought up the issue and of City matters I think we all saw probably a city matters earlier in the year that had about eight statements that said promise made promise kept that was clearly a propaganda it was it was that was not necessarily written in such a manner to provide the community information it was written in a manner to make sure that it was known that certain campaign promises were being an attempt an attempt to try to convince the public that campaign promises made were being whether I think we're outside I'm sorry what's the agenda item the trunk mr pongco banana talk about promises made promises kept you Larry yeah let's keep it too I'm sorry is that the point of order and I like up an opinion from the city attorney that's who we direct points of order to to answer your question which bikini it does say consider and possibly take action regarding these city matters my monthly newsletter okay so that leaves it pretty well open to discuss the city matters bimonthly newsletter I don't disagree with that we need to say focused our in on point okay and the point is is that the Conte as well as the timing and the content those things need to be addressed in the city matters newsletter not personal agendas that weird that any elected official is trying to have up here it should be general information mayor I have no problem putting a statement in there I appreciate that I think that can be informative without being propaganda I relinquishing the floor Councilwoman Sanborn well i got my on 10 14 so we each god i was on a different day and i want to make sure everybody that emailed me because i got lots of emails two is that I've chops the mirror and I've talked to mr. Reid and I don't think you'll ever see the city put out another newsletter that is not current in up today we didn't have a city matters for the months of may and june why you know I don't know we won't go into that as 21 but we didn't have one so in all actuality you haven't had one in four months but we will have a current up today city matters and I believe it's going to be December I to think it ought to be informative I don't think it should ever be I did this I i would go so who the iea's it is about what matters in the city what's going on in the city to keep you informed of all the departments in the city they should be submitting information to the actor of this and we all ought to enjoy reading it when it comes to the house I know for years when it came I said read it and it is informative but it never ever should be a political tool for any of us that are up here thanks man Thank You counsel learning the columns again I would just like to express to the citizens out there again what mr. Nevins thing that I had a negative negative statement in fact I had no statement at all I was not given the opportunity to have a statement in fact mr. Reid is a good personal friend of mine I would probably have a very positive statement about press even though I was against the issue that doesn't mean that I'm going to sit there and slammed up mr. Reid in the city matters i had more professionalism than that but the point is that i was not or jim nelson who voted in favor of mr. Reid I think at the very end never had the opportunity to make a statement and my point is is if we allow this to happen now it's going to continue there is a proposed guidelines that was passed by the previous council on a 13 of o2 in that guideline states that no written submissions from City Council members or allowed simple as that doesn't matter if it's a quote doesn't matter if it's a statement or anything else there's no written statements and I think this is and I have city city email here that went back and forth who directed a city staffer to ask certain council members without asking other council members i think that's not good leadership from a Mary doesn't matter if you're for it or against it if you're allowing comments in the paper you're to allow every council member we're a team up here we're council we're not I mean you shouldn't be segregated out because you vote against an issue in fact mr. Nelson did not vote against it but he was still taken out of the loop here I think these emails have in front of me all i'll be more than happy to show them up here i have the data sheet showing the council members should make no comments in the city matter i just want to bring it up to the mayor tonight I ask that this doesn't happen again and I just felt like when you start showing favoritism to certain council members it's going to continue and you set a bad precedent I was the only member though was own counsel back in 2002 and I remember very clearly why this issue came about it was simply because council members were making issues and making it a political paper and we got away from that with these guidelines Thank You counsel Ted Nelson I just one final commented this is so far from propaganda your name is next to a positive statement about a new employee which city staff that's not proper and also there's a difference in the two words submission and statement they have different meanings and the final comment would be we have some people up here that once signs on city property but they don't want your name point of order mayor magazine we got to keep this keeping OMA okay councilman white Walker linguist man appreciate the opportunity to weigh in on this subject I am sounds like we can all remember the day and what we were doing when we got the latest issue of City matters I actually don't remember the date but I remember where I was I'm standing on the street in front of my house at my mailbox pulling it out with great disbelief and actually to be honest with you may know I requested an agenda item to discuss this but I just decided i'd rather have it in workshop and i talked with our administrator first off i know that the timeline issue is well under control in fact i have it on good authority that they're looking at the next window that's about to go out so we are way ahead of schedule this is a this is an issues and get hamill well but but really philosophically I wondered if this is exactly the manner and the type of publication that we want to continue that we are always exploring since we have a new electronic age where have a you know webmaster that's sour right now in the budget and and and it's a difficult one and I appreciate any input from the community like what my impression right now is there's a lot of people that prefer maybe people just go to the website and get it and one thing I do want it to be current on the website as soon as it's a head start hitting people's mail box I'd like it at a City matter section on the website because I actually I don't think I even found the current version i found one from a couple years ago on the website nonetheless um but i'm still left wondering if there's a second of the population still likes it in printed form at the hicks and mailbox because they don't otherwise what I have to worry about check and periodically the city website or or you know explore all options I know that are that the street is also looking at maybe there could be alternative ways to produce it you know we currently outsource the production of it and so those things I still expect to have a workshop about that and I'm confident that this city matters is going to to be something we'll all be proud of format we end up in and we can even talk positively about it in an edition of City matters ironically enough so thank you very much that'll be on anybody else on the queue ok I will complete this item by saying a couple of quick things the date totally unacceptable I don't think that's a secret to anybody my administrative assistant called me the day it started hitting the mailboxes and said mayor most of the time you get every email with you know some response she said there's too many we have a problem and the irony is that i got home the next day I was out of town and I still hadn't gotten mine so I didn't get mine for two days later I did call chris reed and he had told me that councilman barber wanted it on the agenda he had spoken to councilman barber and said and I'm paraphrasing here chris reid said I'm the city administrator give me an opportunity to perform this is a staff issue and I commit to you that I will address it in a manner that is satisfactory said not only all the elected officials but to all the citizens my my remarks to chris is okay i'll give you a chance it's a it's a tall order dawn kill board does this mostly by herself as she also does 16 and was also helping with some of my itinerary so but i will probably tell you that Chris Reed has told me that he's painting soap in a box everybody but November for is the day I hear it's going out that's right ok November for after that is what we'll have to blame it on the postal service streaming we are working on hiring a person that can stream this city matters publication like we're going to well I pretending to stream our city council meetings and everything else it's a process the fact that one is on there that's two years old again that's not acceptable that can be scanned and put on by anybody and I suspect that will probably be addressed tomorrow morning if it hasn't been dress today the city matters is an administrative tool I'm the CEO of the city and when I use the city matters it's for informational purposes and simply this whole issue tonight is that after the vote I walked over to dawn and I said I'm going to make my article this month an informative piece on the fact that we have a new city administrator get quotes from people that have something good to say and supported chris reid and that was it the only bump in the road was I think gone because of some of the scheduling tried to remember some of the clothes and then I sent a follow up email said I don't want your quote I want if the council has something good to say we will say it if not we will move on so there was no exclusion this was simply something that was good news we shouted it from the rooftops not sold on to get a good statement from somebody has something good to say about the vote and that was it that concludes the side and we move to item 15 b for the wicked overcome in there now I gave everybody the cute on me close that up there's no motion is item number 15 deep consider okay when we reach okay considering take action on authorizing city reply to attorney general opinion request number 05 05 39 health and Ted Nelson's made motion to approve second seconded by councilman chris handle son is now open for debate councilman combs where we have a question on this item here do we have a reply yet from the city attorney for a written reply as of now sir is it I'm sorry no sir okay and I would like to see the reply before we actually send a letter out to the AG's opinion we approved one okay thank you for those I've got two more people in the queue this is simply the issue where one of our council people has submitted a request from the Attorney General to see if chris reads appointment as Acting city administrator is legal as that the correct word on I don't know exactly one paraphrase the questions start centered around the civil service status of mr. Reed okay and so we're simply I'm asking the council to authorize the city attorney to prepare a statement which is our position on fresh raised appointment to city administrator councilman Ted Nelson and I just want to clarify because I read it and did some research on it what the question was that was mr. Collins was asking to get a attorney general opinion even though he president Chris Creed but what he was trying to basically get meriting and would you stuffed yes they having in the comments there what we were looking for in the opinion that he was requesting does not whether his appointment to interim city administrator was legal but the question is is by doing that did he lose his civil service status and that's what he's trying to look out there for if mr. Reid is when he were to lose the civil service status he obviously would not want the position and that's the question see if we can tie them into a corner make it work that he'll lose a civil service status will go back to just being the assistant to Drew and that's the question here and I think I talk little walkway in the mayor and we're going to follow responses what our opinion is on the balls that we looked up and the research mr. Polanco and done we disagree with the need for the opinion but we we have numerous lawyers up here that know what to do we'll make sure we get this done as quickly as possible councilman kini well if every attorney agreed with each other we probably wouldn't need attorneys because there would be no disagreement about the law I guess my question is is what backup information this originated with the mayor this agenda item I haven't seen the request to the Attorney General I haven't seen has their tunnel Attorney General requested something for almost up briefly explained a process normally when the Attorney General receives a request for an opinion he will then sent out notification that that request has been made and he will send that notification to a multiple number of groups depending on the nature of the legal questions involved in this case because it involves a law enforcement official and involves civil service he requested or he sent notification to the Texas Municipal Police Officers Association Commission on law enforcement standards and a number of other organizations that have an interest in this particular legal question also I was copied as a city attorney because it obviously involves a city administrative official and in the letter that the attorney general sends out to these various people he imposes a deadline by which if you wish to weigh in on the issue and reply to it that is your deadline and what's the okay what's the deadline if I'm not mistaken it's november 13th and when was this received by the you or the city well the the letter from the Attorney General was dated some time after October the 9th is ever call I don't have that letter in front of me I'll cover the first October first is when the we got a letter from the Attorney General from the senator who wrote the agenda item the right October 13th was from the AG's just notifying the city city attorney and City Administrator mayor and leave the the Attorney General receive it on October the ninth and then his letter to all of the various organizations and the city was October the 13th that's good yes and um and that why is this coming before City Council I don't know that I can answer that question I will venture to say that because I was addressed among the other people who was copied on the letter as the city attorney I suspect this was brought forward for the council to determine whether or not they wish to weigh in on his issue it sounds like a couple people weighing in already on from the look of the button pushing or will be weighing in on it how are we to weigh in on a reply when we don't even have one in front of us there's two ways to handle that you can either not weigh in if you will until you see the proposed draft or in this case because this does not technically involve a legal issue for the city of link city as a governmental body you can refer the matter to outside counsel to prepare that on behalf of your staff member that is another option that you have at your discretion and what what and what is what is your reply do you have a reply I mean it sounds like some of our Council of urge your reply or legs drafted of reply or something I'm not sure once again because this does not directly involve a legal issue for the City of Lake City I did however refer this out to outside counsel the city's tml attorneys who reviewed it and fell that mr. Reed was in good shape legally did they provide you with documentation no documentation simply their impression of the statutes and their understanding and experience in civil service matters his impression was that mr. Reed was in good shape and so if this fails to have the support necessary to pass tonight does that imply that we're not authorizing a reply from the city as the city attorney I obviously can only act at the direction of the City Council if you do not authorize me to prepare a reply for the governing body mr. Reed has options that is disposable to have his own attorney do that Thank You councilman barber just in order to understand this issue a little bit better the original request was it to to ensure that we protect our mystery from making a mistake in and orienting and accepting this interim position or because I'm worried about what we're going to do I worry that if it brings attention to something that doesn't go his way and he's already taken the interim administrator job that it's pretty much you know in a bad way I'm just wanting to understand it better so if I can get some kind of answer I would appreciate it Chris you're going to you're going to do a better job of explaining this than I will but I will if you would like me to I will certainly try for those citizens and counsel that are not civil service if you're a policeman in this city when you are made of policemen you are protected by a civil service law which was enacted I'm told by our pd years ago initially to protect policemen from the swaying of elected officials losing you know a man or woman losing their livelihood so a new elected official can't come in and say I don't like this policeman fire me gave me a ticket now the chief when he sets that job and the assistant chief when he accepts that job are now no longer protected by the civil service statute however if new mayor if I were to replace the chief or if the chief were to replace the assistant chief they automatically revert back to the job they left inside that pd before they accepted the promotion so still they go back to wearing the stripes or whatever they had and they're protected again from civil service so he could be fired chief Daniels could be fired as chief by me or the City Council he goes back to be a sergeant or I don't know all the ranks I apologize Catherine I immediately I said I was hooked and and then if if Chris a read were fired prior to taking his position by chief Daniels he would go back to wearing the stripes of sergeant Catherine everybody's a captain with it was why they're so good now the question is you know what happens to chris has he stepped outside of that Civil Service protection if you want to take the long road if this were to absolutely not come back our way then he could be rehired into the PD the same day and the next day chief Daniels because in promoting back to assistant shoot and you have to know that that when we consider chief read my first call was to our current state administrator Chuck Pinto my second call was to Arnold Polanco so you know we've checked with the bodies that be the lawmakers that be so is that a fair summation Chris or have I left out anything pretty good okay because I've had to answer a couple of times because it was hard for me to understand in the beginning so Council marburg that the question tonight this agenda item simply is to say we're going to respond with the same data that i use to present this young man to this council who then ratified him with a 5-2 vote that's all it says that's what the motion is tonight and further questions only this is appreciation okay council on Ted Nelson okay Councilwoman Phyllis Sanborn I'm glad you clarified that because that's not what I I'm just asking how I understood what we were voting on me I'm glad that you said that i'm not one of the three lawyers up here so i do have a couple questions because i didn't understand it if tml replied already to mr pongco they have not I have not I thought you said their hand I spoke to the city's TMO attorney when this was issued and asked them to offer their opinion of the issue but they have not formally written anything okay why wouldn't tml write something formally for us rather than you write something formally or someone from the outside that's informally tml may very well write their own reply but they will not necessarily be doing it in cities behalf what they say may directly benefit mr. Reid but they are not necessarily writing it as the city's representative they're writing it on behalf of the large organization also and they said mr. Reid's in in good shape so why wouldn't we just wait for the AG's opinion and wait to see what they said that is certainly at the prerogative of the city council that is certainly your option but i'm not sure that anti a brush why would you not want to do it alright if I wouldn't you just wait and get the AG's opinion or you take do you feel like we may be that the city is taking a chance there that mr. Reid's taking a chance that there may be a slight bit that the opinion won't go in his favor I mean I just like I can't predict what judges will do I can far less particularly turn a generals ever going to say because it changes with the winds why would you want to do it my best observation of that would be that if you wish to support the individual in question continuing to fulfill his duties and would not wish to see the Attorney General issue an opinion that because contrary to those wishes then you might want to weigh in but he would work until the Attorney General just in case said no this is not legal he's gonna lose his civil service I mean that's not up to us to say that is up to somebody else to say we're doing what what the city feels right but we don't know one hundred percent whether we are until the Eternity Attorney General makes a ruling you can say I can say tml can say but the Attorney General is the one that's gonna have a final say is that right he will have the final say on what his opinion is not mr. Reid's trying to catch my attention yes but maybe I can answer that question for the attorney general opinion has been written is incorrect and what we would like to do is give not necessarily want to say our side because it's not a different side the attorney general opinion gives it as if I'm a civil service employee I'm not a civil service appoint know the the request I'm sorry for the opinion is written incorrectly he's it's stating that i am a civil service employee that's incorrect or not so we're said you stopped being a civil service anymore the night that you were voted in on the Twilight as know the day I was appointed as assistant chief also the assistant chief is not simple that's correct and Councilman health woman also the letter also states that he did not ask for a leave of absence which I believe was incorrectly stated as well so there are some you know our concern is is that we don't want the Attorney General to make a ruling a good ruling on bad data that we then have to turn around and say oh wait a minute he did have a leave of absence and he wasn't a simple service important anyway so the question itself is Miss Lee Thank You counsel McCollum's if that is incorrect and it's a the point is it doesn't matter because if he's not civil service then it really doesn't matter but the point is that what I was trying to bring out under the AG's opinion was that we have an officer who again you you state that he took a leave of absence I've never seen that it never was approved by City Council I assistant chief just transferred from one area to another and we have other officers out there who would love to work side jobs who would love to work other jobs to take a leave of absence and under the rules that I've read that was not allowed so I mean again if tml has made a ruling then I would suggest that kml come across and give us something in writing AG's opinion even if it came back negative or positive for mr. Reed in this position then doesn't mean loses his job it just tells us from our power of legal means that this is legal or not I don't see where AG's opinion is is a big deal for anything if you're asking a question to the AG's and let him answer it and move on and if he comes back in states that mr. Reed is is not performing under Chapter 1 43 of the local government code so big he continues his job if it rolls in favor or in not favor of mystery then he goes back to the police department I mean we're talking or we stayed it up here before the mayor stated this is a temporary position I don't know if it is or if it's not accounts my dad Nelson just briefly I agree with mr. Cohen to the same one that the issue here with the AG is we should never let any judicial body make a decision on less than complete or not accurate information and that's the scary thing here there was some misstatements in the request that was signed by Senator Mike Jackson and could not not answer these these miss statements would be asking somebody why don't you give us a decision that actually affects the body working on our staff you'll make us the decision but do it on this bad information and that's all we want to do is give complete information same thing we did today on mr. adnan guards property two weeks ago he came up here he presented a deal on less than complete information and we all SAT here like a bump on the wall could get a motion to pass it or deny it but he takes two weeks to explain it to us we all have complete information passed on first and final 720 that's the difference between good information and bad information that's all I'm asking is that we give these people the information let them make the right decision just like mr. combs is asking for with the services as long as it's on complete information kaplan barber actually you know listened all the discussion and including that last point about good information I just encourage your by before they deliberate before they press the button make sure they look at that those paragraphs next to the picture let's get this guide out there to put a good reply out there and make sure the right information gets in their hands and so reach over and hit the es key tonight when he asked for the vote Thank you Thank You councilman bob accounts bikini I guess you know there was a comment that was made that we should never let a judicial body make a ruling without complete information and I think what we're doing here tonight is making a decision without complete information we have not we've heard that there's been a request for tourney AG ruling and this request is saying that there is that mr. Reed is a civil service he's still covered by civil service mr. Reed is saying he's not covered by civil service I guess that's being back is that correct on that is part of the bank and that's all right but that's part of the debate right excuse me what what is part of the debate as to whether or not mr. Reed is or is not protected by civil service so that's not even clear that is the issue that the Attorney General is being asked to decide and what is your opinion well that's what we're asking him don't we're all verizon him to give us I'm as well I'm authorizing to give it to me right now I have it well I I don't have the benefit of counsel authorizing me to devote any time to this what I need is for the council to say yes we want you to do this or not do it and if you do that i will present to you the product of a full research product a project on what you're going to do anyway right give us you know if you get authorization to you authorize well but it doesn't say to prepare a reply what it does is it says essentially reply but and it's not necessarily to have me reply if you wish to have outside counsel do it on behalf of mr. Reed that is certainly an option as well and when were we having our necks when's our next workshop schedule tomorrow tomorrow probably can't get a reply done by the in canyon no sir I wouldn't be on the agenda anyway John we've had well I understand that oh the one you are going to be you're not well I myself will be at tml that's correct okay when's our next workshop I think it might be next week the third of it refers got a Wednesday okay how long how long do you think if count city council tonight authorizes you to do a reply how long do you think they'll take you to prepare I don't see that it would take more than 10 days to fully prepare ok and what would that day p 43rd today is the 24th going to be the third I guess of November and whence are doing when do we have a workshop in November first in a second yeah I don't know if we'll have one on the second a week we definitely have one in a minute on my part well we we've got one scheduled right now for the second do you think you could have it done in nine days certainly instead of ten silly you could have a reply ready that we could put on the agenda for that workshop be able to see what your comments are so that we can make a decision to authorize that reply that would be okay and I guess if we if this doesn't pass the night then would you then want a motion from Council to but because it sounds like there's some questions as to what this would reply would be and I guess as our one of our other attorneys as mentioned it's probably best that the city makes summary by can you agree with you agree with you and so if this authorization tonight fails this particular motion can someone else make the motion and say that we authorized you to make a reply to prepare for us to review and authorize you then to forward to the Attorney General you can make any motion your life whatever you counselor whatever you wish to have doing this phony took at that's certainly a doable awesome I for one don't want to break any laws and that's and that's what I think we have to be careful with their understand this does not involve a legal issue for the city of League City this is an issue that involves however the rights of some of your staff members so okay and and the last personal accuse councilman tad Nelson who just took himself off we're going to take this vote and the motion is to is to approve the authorization of a reply on behalf of the city to the attorney general requests concerning Chris Reed so with no further debate please vote for izz councilman barber Ted Nelson and Chris Andersen oppose councilman Tommy Jones Jon Keaney Jim Nelson and Phyllis and blowing motion fails Mary I would like to make a motion though that he since that motion failed to prepare a reply for consideration at a workshop okay exec of the second oh absolutely once I get the motion clear ok state that again councilman I would like the city attorney to prepare a reply for consideration by counsel and have that available to us at the workshop on November second ok need a second second for discussion ok the motion is made by counsel Keaney and second it just went ok Ted it's made by counsel makini seconded by Councilman Ted Nelson is now open for debate no you had already huge you off you refute it so your first one well mayor bottom line is I think we have some information that we want to get the Attorney General as a city attorney on the City Council I'm sure at my end I will forward the information children from an amicus brief for the city attorney on council won't be a thought the same thing works for me councilman Thomas mayor object to that mr. mr. Nelson is a city council member not a city attorney for this for this board he is very biased in his decision and I would say that would not be the proper thing when issues come about that may be in my expertise or jons we don't ask to write a legal opinion or anything concerning that so object to heaven mr. Nelson who is a council member first not a city attorney for this board i'll put that Selena duly noted and it's late fellas Alyssa but focus here we're getting close councilman Samuelson any citizen can do with mr. Nelson just suggested really over talking about here's we decided as the city council to give mr. Reid the job as our interim city administrator and all we're doing is saying can we please tell the Attorney General why we think we made an okay decision that's that's all we're asking you to do and it seems very very reasonable can't imagine why anybody would not want us to justify our position councilman john feeney well I certainly want to justify ur position I'd like to see what our justification is this has come before City Council for an authorization and and I think it and it needed to come before the City Council for an authorization and I think I mean gee whiz I thank everybody on here right and every member of every citizen you know if they want to send a letter to the Attorney General you know please feel free to do that my questions are that I'm hearing facts tonight that I'm just hearing for the first time the night and the question is is whereas earlier one of our attorneys warned us don't make decisions without at least getting input are giving input I want input before I make my decision so that's the reason in the same way the Attorney General is asking the city for information on this I'm saying I would like information from our city attorney on this as well so I can make my decision Councilman Jim Nelson mayor I'm a little confused i'm not sure what the motion is now I thought mr. kinis motion was to direct the city attorney to prepare a brief for us to send to the Attorney General and now I'm a little confused whether there are City Attorney's going to do that let me see if I can help as I understand your motion mr. Keeney you want me to prepare a proposed draft of a city of apply for consideration by the City Council before the city council authorizes that draft to go to the attorney general's office is that fair that's very correct okay what I want to do is in the same way that you prepare contracts and you you prepare those contracts and then we review them and authorize them I want the same process to follow on this legal situation that we're currently in give it some review prepare a document that you think is what is right and and then we'll and supports all of the employees of League City and there in their rights and and then would give us the opportunity to review it at docked on November second meeting ok ok so the motions to have Arnold which is what the first motion was more specific is asking oral to draft a reply bring it to the November second is that correct November second workshop and distribute the council and will move from there the motions made by counsel makini seconded by Councilman tag nelson there's no further debate on this issue so please vote wait wait wait wait please vote Jim can you hit that again thank you for councilman john kini jim nelson and Phyllis Sanborn oppose councilman Mike Barbour Tommy cones tad Nelson and Chris Anderson motion fails okay item number 16 a Texas Open Meetings Act section 55 1071 government code deliberations about real property discussions discuss acquisition of HTML and Pete cooling canals from NRG Texas LP the city council will now go into executive session pursuant to subchapter d avoca Meetings Act section 5 51 at all government code on this 24th day of october two thousand six at eight-thirty p.m. 5 5 10 7 to government code states a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governing body in negotiations with a third party here in item 16 b 16 b texas okra Open Meetings Act section 55 107 to government code deliberations about real property discuss contract force you {00:00:31}	INDEPENDENT
2	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	8foq04n_dYU	League City Council Meeting for December 12, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	124.016667	2011-04-25	8	2006-12-12	{00:00:41} Your Honor okay good afternoon will call to order the City Council of the City of League City regular meeting December 12 2006 at 6pm to order one hour call roll Jerry Schultz tad Nelson Mike Barbour ducky Tommy combs here Chris Anderson here Phyllis Sanborn John Key me dear Jim Nelson here now moved item to the invocation pledge of allegiance to the US flag a pledge of allegiance to the Texas flag the indications not will be given by pastor Greg poor a clear creek community church and this would be a good time to turn off all cell phones and pagers let's pray father I thank you for the people on this council lord I lift them up to you because they've taken on a great responsibility for our families in our community and so I pray your blessing upon them and your blessing upon their families a pray father that you would let us honor you by being good citizens in yielding our lives to the decisions they make and the laws they establish in the direction they said for our community that we've been honor them by giving them that grace in that respect I pray father as they engage in the decisions that they have to make tonight that you would give them unity that you give them clarity of thinking and focus that you would give them wisdom that even in the conflict and the tension that's naturally a part of the hard decisions that they make that you would give them a mutual respect and that they would assume the best about each other as they make their choices and they decide so father I just lift them up to you I thank you for the sacrifice that they make for for me and for my family and for all those in this city and I pray your blessing on in Christ's name Amen the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all our money technics by graduation students alright we will now move to item number 30 approval of minutes and done now move to item number for appointments proclamations presentations and award there was a proclamation that we're going to pull because I think there was nobody here is that correct domes okay and we'll pull that an issue that at the next meeting item number five public hearing public hearing and action items from public hearing item 5a hold a public hearing on the proposed enlargement of tax increment reinvestment zone number two victory lakes we will open this public hearing at six over 4 p.m. if there's anybody that like to speak to this please come to the podium my name is Kevin cats and I'm a resident of leaf city a property owner of League City and I wanted to talk against the increase in the tax rate investments on as far as i understand it attacks reinvestment song is designed to stimulate growth usually in an area and underserved area for an underprivileged area and the and the idea of getting a zone to defer taxes is to try and stimulate growth in an area this area is booming there's no reason as I see it that the city Chicago taxes I don't believe that by creating the zone and increasing the area that it would prevent growth in that area and so I would charge the city with considering not increasingly to investment zone thank you okay and sir could you state your address for the record please write their property on doesn't have a name okay okay but it's it's almost adjacent to that property it's on a pin oak drive in in league city okay thank you very much is there anybody else I'd like to speak to to this issue please come to the podium okay hearing none we will close this public hearing at 60 5 p.m. and we will now move to item number 5 be considering take action on the approval of an ordinance enlarging the tax increment reinvestment zone number 2 victory lakes their move to approve counseling barbers measure to approve second about councilman Tommy cones and this item is now open for debate councilman Waldo thank you smear just a couple of things first of all just to address one of the concerns is that what these types of vehicles financing vehicles are for and I just heard a resident or a property owner talk about how its kind of four areas that may be economically deprived or whatever is to try to stimulate growth and that is certainly something you can do but just for your own application as well as anybody here that's considering Meredith is what it really allows the city to do is to help develop an area the way they want it developed that wouldn't otherwise happen on its own just through the market dynamics in this case that was one big concern when I went into the expansion you look at the proposed area it's certainly a commercially viable corner but the problem with the area is that it there are a lot of requirements to get it developed for the for the street that we require to be built all the way through walker street to be extended and over to the access they have to relocate some detention to satisfy the texas department transportation there are various infrastructure demands that have to be done just to put anything there and that's fine that's really their expense to do the problem is when the developed commercial developer goes in to do that he's also God he also has to be able to find people that will come in and be tenants and pay him the cost that he would have to be willing to do would make it such that the rent would be so high that the kind of businesses that we're looking to see in this case super target and home depot and the kind of things that are sitting these for for sales tax revenues they just not going to come pay that cost so the only way to gently overcome that barrier is to use the finance of the vehicle like this now I've done my due diligence I've talked with the experts on this and I'm on that board we talked about it at our board me a little over a month ago and I'm convinced that that is the case and so in order you need an objective that everybody up here I believe agrees with in order to increase our sales tax so that we can rely less on property tax owners then then this makes sense the only thing the city will really give up is the is the increment itself and all that is is the amount of property tax that we would be getting from that in excess of what it's already appraised at today okay it's already worth of value and we'll still get that amount that we're getting proper context but when it goes up in value from them developing it all that additional tax property tax is going to go to finance all these improvements that we talked about so yeah we are given up something but what we're getting back there's a lot more money and sales tax and that's the only thing these work so you're really looking not just for growth but very specifically for commercial growth that allows you to get that in it if you look the financing plan it's much more than that okay I want to be very clear about that and it not only to you because he brought up a good point but to everybody else on council I think it really does check out have had a good discussion with our experts as well as house who does a great job he has tons of experience in working with cities to achieve these objectives and and I am support of it one final comment before turn the floor back over I was contacted by a resident wondering if this is increasing our pit as you know there is a there are kids associated with this entire tax increment reinvestment zone and that's the pit is to actually pay for the same similar infrastructure the streets and stuff their associated with the residential but none of those are affected at all by this expansion those are held handled separately as driven by the actual development of each section of the neighborhood of victory lakes so everybody when they sign their for their house they have a finite amount that pit cannot be changed unless there's a public hearing the vote which is not going to happen so none of those finances are going to change at all okay so I think I hopefully have answered everybody's concerned if anybody else wants anything uncertainly field any further questions so thank you thank you anybody else everybody's Q is working council can use your key work and I saw Andrew down there actually my computer crashed and so he provided me with another computer however I believe we're still in the only sort of public you know so we're in the debate session of the of the actual motion absolutely what is on the county tax assessor I guess my question is the base property value that we're considering here that's what that's what's going to be frozen and then and that establishes the basis for the zone what is the current value of that property yes sir unless maybe one day is David W Hawes 16-18 Greenleaf oaks dr Sugarland Texas 77 479 I'm David Hawes's don't administrator and salted the city on the thick perturbs the answer to it is that it's currently valued at several million dollars I don't have the exact amount I can get that for you I don't believe any of us an advil Union if it were a roll back in the base would increase whatever the market value but I don't have a specific now that I can you do that market that yeah you get my thank you very much you hit my main question was if it has the AG exemption that's going to roll back they're going to pay the last five years of taxes or whatever when you convert a hag exemption into na nag exemption now you know if they start development they've converted to commercial development two years at Rell's back by the girls across the base year so that is your value jumps up so the city gets the benefit of that increase in market belly so you're protected they're great and what is what's the timeline that we're talking about next year next year yes sir okay because I know the traffic is getting unbelievably ain't terrible out there people are backing up all the way on 646 to the county building and Beyond and then that's the importance of this is providing the off-ramps egress and ingress off the port by the off-ramp and then I'm providing that package wrote about Walker to continue at 6.6 to 45 which will help alleviate that track so it should help to some way I know 646 going to be expanded expansions going to start a couple years but this is going to start about a year so that should help even further alleviate the traffic out there and okay great thank you very much emotion on the floor by Councilman barber to approve second secondary by Councilman combs if there's no further debate on this issue please vote for is unanimous motion passes we now move to item 5c considering take action on the approval of an ordinance approving the first amendment to the project and financing plan for tax and vet tax increment reinvestment as own number to dismember move to group counseling offers made a motion to approve councilman cones the second of that motion is now open for debate hearing none please vote for is unanimous motion passes item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in the property or business located within the city or their attorneys the statement of no more than three minutes may be made on items general relevance thinking there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers first citizen is Kathy Bradley I'm Kathy Bradley i live at 501 North Sarah deal in Webster Texas I'm also a volunteer for the city of zebra and I came here to invite you all to participate in the Bay Area fitness challenge what I'm scared I'll go be sure what this does is give you the opportunity to market your city more than what you already have mayor Collins that he could get this done for everybody from houston chronicle we're going to have a 5k Fun Run which see brooke has already named to the pumpkin pudding fun run so people can dress up in halloween it will be october 26 27 28 the 2007 then we're going to have fun with city council we're going to have a fitness challenge among the City Council's they're going to be 12 cities that have 12 cities that have been invited we're going to have things like a ping-pong tournament dumping apples egg race and the mayor of clear lake shores there's anyone over 50 gets the label and with its arm wrestling between the policemen and the firemen I made the suggestion of a tug-of-war over a mud hole or water hole it's just fun and all proceeds will be going to charity so far kima and clear lake shores have committed to this and you're the third sitting I've come to and by well thank you very much for inviting me if you will leave us some information if you very good I'm sure that we would probably be interested in that I and for the record our council was fun no matter where they go we will show up and be the show just just for showing up thank you thank you thank you and our next our next citizen is Kathy Weiss call okay Kathy why scott and i live at 308 velvet here in league city we've been here 39 years I'm a president of the League City Historical Society we're very aware of the beauty of our live oaks in Lake City and how much people notice them at the cobalt three how they set the tone for our city and we've been concerned about building grassroots support for preserving room and prepare me more so that we can keep having a low blow so we are obtained a grant plan Texas Forest Service to create a registry of live oaks and we've been working on this for two years now and we have almost 300 folks registry anyone who has a live oak in their yard and listen league city can contact us will register their oath if it's more than just a sapling looks about a Master Naturalist to measure it according to the stands of standards of the American tree registry and that way you can know how it stands up in Phoenix points on a national standard now one of the things that we're doing here is that we've paid their calendar last year we gave your copy by calendar this year it's bigger and better we have pictures of we've had a somewhat platensis Forest Service come down and take professional pictures this these are pictures Cara one point the city club and we have there's one here from going to pre house over on Dallas treat the moonshine oak is in here where the moonshine was made back in nineteen in the 1930s when we showed it to one of the old-timers we said is it really true what we heard is as cheese I wonder if that's concrete slab is still under it where they used to put still come that's a very beautiful calendar we'd like to give one to each of you and to the man and we also like to sell the citizens of big city that they are welcome to contact us to purchase one are they are twelve dollars each 350 thirty dollars and the first been selling these we were use to print a registry book which is lists all the trees that are registered and their sizes and and so people we would have that book so I like this time to give each of you one of these colonies and first and the way to contact us is the car 28 1332 6636 joannesharpe or 28 1554 299 forth and that's our West Bay common school children's museum Thank You Kathy okay our next speaker will be Lori Henry good evening mr. mayor members of City Council and staff and fellow citizens I'm Lori embrace chairman of the league fee senior citizens advisory board and I'd like to come to you tonight to present a report of the progress we've made this year since I talked to you in January first I'd like to thank you for your support and your initial allocation of a thousand dollars less January which was vital to the start of our program we hosted a huge kick off dinner in late January and we had over 300 people in attendance we were also able to start our first Thursday programs with adequate lunches and provide up for all of our startup costs every Thursday last februari we start offering our daily program or our Thursday programs all seniors from 9am to 3pm with various activities such as car games dominoes tap dancing line dancing exercise guest speakers and bingo we then enlisted in the Galveston County hot meal program which now provides huge trays of food directly to the rec center every Thursday and it only costs each senior one dollar over the summer we expanded our program to include a dance once a month which is not only attracted our seniors but those from Pasadena Alvin clear lake and friends with the dance was held every month august through november and featured a live band refreshments door prizes and a raffle we hope to continue these dances through community sponsorship and increased involvement of our league city seniors our next dance is scheduled for Tuesday februari 13th just before Valentine's Day and is open to all ages this time it's going to be a soft cup so polish up your 50s jitterbug and come on out and join us in the fall we join with the library outreach program and adding our movies at the library with refreshments every Tuesday afternoon and thanks to our community block development grant money awarded to the seniors program we were able to start paying our volunteer instructors our dance and exercise instructors to provide a more reliable continuous program of activities for the seniors we've also added ceramics floral painting and numerous other activities to the Thursday afternoon by far one of our biggest successes was our thing giving meal in which we had over sixty three seniors bring a dish and share a wonderful lunch together we have lots of exciting activities for this month a bell choir concert this thursday at Christmas floral class a senior skip takane chand a Christmas hula show so please feel free to drop in any Thursday for lunch or just to visit and lastly I want to thank each and every one of you for your continued belief and support in our program and would thank mr. Nelson pretty in particular for his generous gift and we look forward to the hiring of a senior's program coordinator and our new budget which will cover our newsletter expenses our recreational supplies and the expansion of our program now to Tuesday's in 2007 so please tell any seniors to know that you know to come and join the fun and join us on thursdays and tuesdays starting in February so thank you thank you Lord for your commitment to that program because I know it's a you in in Elena Balderas and Bonnie schoelkopf it basically just taking that thing from the ashes and risen and it's just a wonderful program and thank you so much for your effort that concludes number six we are right now in item number seven which is the consent agenda the staff has asked that we pull 7h and 7i so the consent agenda will be seven a layer I'd like to pull for discussion b c and g v like boise like cat do i go right yes okay and anybody else want to pull anything on the consent which is 7a through seven s okay we currently have h and I school permanently and we have B C and G pulled for discussion by Councilman kini if we'd get emotional the remaining items salute okay I'm sorry was it comin council mccomas made the motion to approve the remainder of the consent agenda second of our councilman Ted Nelson any discussion on this please vote or is unanimous motion passes we will now go back to 7d consider take action on the request for consent to encroach on to city right away mayor make a motion to approve councilman keys made the motion to approve I can second about Councilman Jim Nelson this item is now open for discussion council makini I guess I just wanted to ask staff from I know there's going to be some major improvements out in that area with and down Calder let me get to my map one second if you'll bear with me okay any further discussion on this issue just a second there I'm getting to my map if you'll bear with me hey thank you have we have we looked at the future of what's going to happen in that area and just determine that it's definitely when I cause any problems with it collar road and also any of the improvements that are going to be occurring in the near future along that area that's correct we've looked at it and this this gets the the petitioner the ability to his own sewer one weight but in the city system the requirement be for him to abandon his and connect in two hours thank you very okay commotion on the floor by council makini to approve seconded by Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes 7c consider take action on the approval of real property exchange agreement between the city of League City and San boy DBA Sam Boyd develops moved to approve council mccomas made the motion to approve and seconded by Councilman Jim Nelson decided is now open for debate councilman kini I just wanted to make sure that I was talking to the city attorney and he was discussing the possible need to include some language in here regarding deed of trust mr. if the city attorney could probably elaborate on what was a skosh I've talked about Larry Hubert on this issue and my concern is that that prior to the documentation being executed ding property that abstract probably done to certain it was no liens on one point three three acres before city filled fire department fire station let's go I just wanted that to be brought out into the discussion ok can you further discussion motional floors by Councilman comes to approve second about Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes item 7 g consider take action on a donation of 11.03 acres of land from sam boyd development for hidden lakes to fulfill the requirements of the planned unit development and park warner's mayor I'm going to make a motion to approve this contingent on our ability to donate it to the school district another alkene and excuse me and without the claws and the deed that requires us to also then set aside additional land for part second from discussion ok council makini has made the motion to approve this contingent on us being able to read them to turn around and donate this land to CCISD and what was the second one John and I wanted to strike the language in the agreement that require that if we did that that we would also then have to dedicate other parkland so boys ok and Councilman cones has seconded that item for discussion so this item is now open for debate council makini this point information real quick if you don't mind is there any way we can get somebody to pull up a map on the screen so that people can look at this while we're discussing it Larry to our is that is that we had to take very long if anybody has her disc that the joint says she hasn't Joanne has right there miss Sharpe actually well join is very good about reading her miss sharp as well thank you Theon sorry mr. king LeBron thank you okay council makini had before okay if chin would kind of outline the area that we're discussing and route in relationship to the school side okay my concern with this was our parks requirements one of the things is that it has to have easy access to streets I mean this is supposed to be a regional park and you've got gum by you on the west side there that is that blue line that's kind of heading north south on the north side you have the school and it's it's it's not very good for a regional park no access and so the reason I made the motion the way I did was I think it could be I do not want to have to maintain land we just approved a several hundred thousand dollar contract to for cutting grass in the city this is a part that we cannot access and I personally don't think citizens should have to pay to cut the grass on that but what I would like to do is I'd like to see that deed it over to the school district however that's not the agreement that we have in front of us the agreement that we have in front of us allows us to give that to school district but if we do and we've got to acquire more land for a park and that's the part that I want struck from this agreement if we could and I don't know mr. my setting up to discuss it and if he wants I've certainly welcome your comments mr. Boyd I mean I know what you're trying to do in the PUD it said we required that we required you to give us 11 acres now I'm not this is a 2006 drawing so i'm not sure if when this land came about as being the land that you want to dedicate but I don't have the 2004 I tried to get a copy of the 2004 PUD documents I haven't been able to get them and so I wasn't sure when this came about is that this particular piece of property was the part that we wanted and also I don't believe that this has been through the parks board but as far as them my name is sam boyd councilman kini to answer a couple of your questions that have been for the park board and received unanimous approval the answer to your second question regarding the location of it to give you a little bit of a history because it does get a little bit confusing there were discussions between the city of league city and the school district and the whole idea in the tent was the school district and and the city were going to cooperate because the school's plan they're very early planned and that's always subject to change was to have a high school junior high and elementary there and in addition to have somewhere between 60 and 70 acres of amenities tennis courts baseball fields track fields and what the city and the school I think historically have done and what their intent was to do with this land our plan was to the city always like in the school enjoyed like having a park a public park next to the school located next to school grounds and properties so that they could kind of use the same together and the school has stated that their attitude is since those of us as taxpayers who are paying for the school and the amenities they should be allowed to use those amenities on weekends or after hours and coordinating those amenities that the school's going to put in with the city park was the whole intent of this to begin with so not knowing where exactly what the layout was going to be of the school situation or schools and the amenity part part of the school's right we decided that we would lay this track in there like that and the whole intent was and is that the school and the city would probably do some swapping out of land okay to reconfigure that strip that's now dedicated dedicating as a park and maybe it would be half of it would be in a different direction it would be reconfigured to conform and be adjacent to the amenity part of the school improvements so that was the intent of a deed in the language in there was not it was simply this that the school in the city would do a swap out and there would be a reconfiguration and the language in the deed allowed that to reconfigure the parkland as the city in the school see fit and not to not to have the city code be required to acquire some additional land but that any reconfiguration would be adjoining that school property okay let me ask you a question if in for let's say we agreed to the deed exactly how the agreement the conveyance exactly how it had is tonight and let's say that we go ahead and arrange within I'm all for the school district having that piece of land there but and so let's say we essentially swap as you said that people in for another piece of land the school district has and let's say that joining right in that area over there from people and let's and let's say this the we don't build anything on it for four years well the current language in there says everything reverts back to you and that's what I'm striking tonight I'm not striking trying to come to it any agreement with the school district on some kind of joint use facility what I'm trying to do is for one thing make sure that what is what we want as a school district and a city coming to an agreement doesn't fall apart in four years because that could happen according to the current language well originally the language in the deed was there was a two year limit on and after speaking to several individuals Jack Murphy being one of them Jack reminded me and I agree with them that that sometimes it does take you know a little more time than you anticipate to get arrangements made like that so we double the time from two years to four years at the advice of the city one of the reasons that I think that it will get done by that date is because in speaking to dr. mossman and I hope I'm not speaking out loud she indicated that they're going their plans are to do a bond issue in May in spring of 072 to build two of the three schools still Terry so with that in mind I think things are going to probably progress fairly quickly they're going to obviously want to move pretty quickly to stay ahead of the growth curve with those new schools so I would say within even by that time they're going to probably have their master plan done if they don't already are they're going to have it tweaked so I would say back in 07 it would be very simple to sit down and come to an agreement on and it may be that the parkland there now might be half of it would stay where it is and the other half just kind of folds over to double the size of it but whatever configuration the intent was let me go back just a little bit more in history how are they how are they going to get to that park well the school I'm going to put I'm going to build a bridge across gum by you and then I'm also going to extend Lawrence Road or loose 96 through that commercial okay to tie into the school track okay and so i will have roads tied in from 96 that i'll put in and also i'm going to a bridge with pedestrian crossing so students can walk and ride their bicycles to school all right we'll connect with South Shore Boulevard and that's part of the master plan of League City that were fine under connect to understand that the connectivity are you going to provide a parking lot for let's say somebody from across 96 to if they want to utilize that part are you going to provide a parking lot no for them this rule is going to put their their roads in to connect not only two hidden lakes subdivision but also to marbella so that students can drive and get to school to and fro without getting out on the highway if they so desire and here's one here's my concern there's a lot of things we have to work out with the school district we have to work out parking because when we develop a park don't wear some gin don't we have to provide parking spaces and that sort of thing what about but what about restrooms every time i've been in some some parks ever restrooms some dollars you have to have an accessibility to the park and the only way we have accessibility is probably have a joint effort with school district maybe using their parking lot is a public facility right and so we there are other things that we're going to have to work out with the school district I don't know how long that's going to take that's the reason I would like to take out and strike the requirement of the time period that is in this agreement and that's what my motion has hopefully done the night councilman kini if I could make one statement originally when my PUD was approved I was not required back then I could it be I had a choice of India to dedicate 11 acres of park or pay the two hundred dollars per lot part fee it was either or it was my choice at the time I decided to do both so I was not required to dedicate this 11 acres of park I chose to do so for one of the main reasons why I chose to do so is because I felt like the area needed apart to service the what I was going to be developing so I don't want to see if it sounds like I want to hold everybody's feet to the fire I do it's self-serving I want to see a park out there and what I really want to see is part in conjunction with the school's amenity park so that it ends up being a very well-planned regional park we're talking you know the school 60 or 70 acres plus it's 11 that's a big part and that's what i want to see to service as part of the overall master plan for the communities that I've been developing and I'm going to be developing so I agree I like that's what I think you could do that I don't want so I don't want this to lag on and lag on and maybe all the faces if I'm still here and all the faces have changed and everyone else has gone I don't have to deal with someone new that may not be here then say we'll wait a minute we don't have to you know I want to be able to have an agreement with the city where we do have some timelines and I think we've been really generous in talking to the city about and I've also told the city that if they have any trouble setting up meetings with between the school district in the city to court these things on this item I'll be happy to set up the meeting at some place and I'll take I'll take responsibility for getting the two parties together but I can just tell you if both parties want to get this done and answer all three parties when you say both for the city and the school and I certainly want to get it done you're right three parties I just feel honestly mr. Feeny that for years is more than enough time to get this done and I've also told Jack Murphy and other city officials that if we come up to the to that point and it actually does lag on for four years and we come up and we're making progress sure i'll be happy to sit this because i want to accomplish the same goal that did everyone else does i want to see a park there what I don't want to see happen is and again this sounds a little self-serving I've dedicated 11 acres of land that's very valuable land from a monetary standpoint and I did it with the sole purpose of wanting to have a regional park there and and I want to see that happen so if I'm you know believing the point of wanting to have a timeline set I do because if we leave it open maybe all of y'all won't be here but I'll still be here have to do battle with that so leaving it open ended I may never get a part there and that's the reason I the question was also asked to me by one of the Park officials is could we accept his 11 acres and and dedicate this 11 acres or sell it to the school or give it to the school and then go build a park somewhere else in the city and I said well no I mean the whole reason why I dedicated is 11 acres when I didn't have to is to have the park there because we don't have very far to learn that first time I need the i guess the city attorney to clarify does its stipulate in here or specify that the land that swapped if we if we do swap something with the school district does it have to be this this land that the school district owns does it specify that the special warranty deed states that the city has two conditions or conditions one or the other the first that the city hasn't used as a public park the second condition is its to or condition as separate condition is that if the land is conveyed to declared creek independent school district within the four years that's given to the city in exchange for a similar-sized tract of land 135 acres okay then that alternate property that the city receives from the school district has to be used at a park the alternate property would be the property that school district gives to the city and suave the plain reading of this is that if the city fell to use the alternate property receives from the school district as a part in the land we give to the school district reverts back to mr. boy so that would be the school districts of decision on how they want to handle that type of transaction I wouldn't want to speculate on how they would handle it but there may be dueling inverter clauses were about we felt used to get the profit they gave to the city and they have to get the property the original 11-8 respect mr. Boyd and we have to conduct our property back to the school district so that that's I just want to clarify that no okay mr. Polanco did he looked at this and he worked with my attorney on it no made revisions to it and he did he was okay with this okay I'd like to ask mrs. sharp as a board member of the parking partment a couple of questions if I could if she wouldn't mind Mr Kenny if I could say that the parks board MP + Z approved this piece land and the reason that the parts court approved it is that mr. Boyd has met all the park was requirements he has not only paid the part edification fees of 200 per lot but he has also created the H way parks in the HOA the park needs so this 11 acres is just additional lane okay um thank you very much miss sharp I guess one question I have is when this came before the parks board is this which you understood that the action of the parks board was taking that day we were asked to approve the nice a rule for the addition of 75 acres I have my staff report with me we did not have a discussion about the location of this park the contiguous miss to the school property the parse board in the past has taken some land that has not been so usable and we have sort of decided and whether that applies to this or not as a matter of opinion but we have sort of decided we're not trying not to do that anymore so whether we would have thought this trip being landlocked was a problem without the school we did not discuss this he has met all these other things according to hartsville but the location of this this situation we did not okay thank you very much councilman barber thank you is there a way to get that back up there because i want to ask mr. boy a question thank you for bringing it by the way Shawn thanks mr. Boyd if you earlier you mentioned about some of the roads that you plan to build but you were kind of just pointing toward the screen i was wonder if you could actually point to the diagram on the overhead with your regarding the road yeah because I I had that same very concern especially if you know how people going to get to it and if we're taking that you know initially as a as our LAN this road right here I'm going to build this road off of 96 which will be an extension of Lawrence Road across highway 96 and then I'm also going to build a bridge over the gun value to connect this road that will be built that will connect the south shore boulevard south shore boulevards already in and it's dedicated to the city the city now you know that owns that that right way the school then we'll put their interior roads in to connect over to marbella and over to they're going to have to put these roads in any way to connect whether the elementary is up here junior high here or high school or in reverse they're still going to have to a road in here to connect all three schools so everyone can ask him and the idea was in the idea was as I said before and I I respectfully differ opinion on the issue of whether this was discussed the locale of this parkland it was discussed mr. Randy Riley was there representing me if a park board meeting and we did discuss the location of this we discussed the ask me it was in the floodplain which is not they asked we talked about access and we talked about the same thing that we're talking about here tonight that the whole idea was to do coordinate this parkland and there would more than likely be a swap or a reconfiguration of that to tie into the school part but this will be connected it might be that the park land is in this area over here in this corner but the school is going to want to connect that because it's going to be connected any way to their a manatee park okay dressed now school now given all that because one thing I think I'm reading into the the motion with stipulations this is more for you than I probably come back to you depending on the sensor one of the stipulations was that we are able to dedicate it to the school had that first thing you had two different things because I this is really important for me my main concern is that that we are not constrained by time now that was the second was approval contingent on us being able to donate it to CC is being able to see because I like where you're going with that because you've brought up exactly the same thing I was going to bring up I was second on the cube but here's here's the thing and I want you if you want to further quite fun the thing is okay so we're able to what if they don't accept it for whatever reason what if they don't even pass their bonds and I mean so then we're left with you know an area that's all that we've already taken deep for foreign dedicated as parkland if we vote YES tonight standing right if we vote yes tonight we have that piece of land and it's ours and it's dedicated park so we can't even change it to use without going through a process right is that correct but that's still free land so I mean we understand it the deed says two things even number one that the city will use it as a public park our number two and it's an option you got either or you can swap land with the school or reconfigure this they're kind of swap at the school so that as long as that 11 acres whatever you swap for is contiguous in this area right here you know so that it's part of the area of the school I think I understand that and again if we just based on the wording of this item and everything are we accepting it tonight originally as part you're accepting that subjects of your Roberta conditions which is if you fail to use it he fell to swap the land with school district at the four years did a fifth year you fell the use of love makers as a park he reverts back to mr. point actually we're not doing that because i changed the m emotion i altered at them well do coffee if you offer the words of the born today then this deed will not take effect and we'd have to go back to the drawing board in English boys here's why I wanted to do well the other boy could agree to it tonight we still would have to draft the warranty d and I would prefer that i would recommend that we aren't Chinese language in a warranty deed that we bring it back to Council next meeting so it could be properly done oh god of war actually I dare the floor and I do want to say this before you go into that because here's my deal why why this meeting right now the school district we have met with them about the specific use they haven't had the bond that presumably would be able to finance everything you're hoping they will be able to do wine tonight why do we need to do this what does this mean to you tonight I don't care when we do it because it was yeah I just like to do it I wanted to do it before the end of the year so that we can just get it's just year of in business I'd like to take care of this this is something that I agreed to do a couple of years ago and it's been you know it's now time to do it now the only reason I want to make this perfectly clear if it doesn't become a part I want that stipulation in there because I didn't have to give this 11 acres to the city if the city wants this land and they're going to accept it I wanted to be used as a city park it's just that simple that's all and it revert back to me okay and I mean I can't really use it for anything now so what I would end up doing is probably just giving it to the school but what I want is what I stated and we tried we gone over this for weeks with Arnold pelant and you know we have this resolved to wherever one would comfort with but I understand your concerns here and I can only tell you from a time standpoint mr. Keeney I am motivated to make sure that the school and the city get together on this and I've spoken to dr. mossman about this as recent as a week ago and she said bring it on let's get this done because it's going to begin to the whole area well before I give up for just my last statements I don't see any reason why we should do that tonight plain and simple eat I think there's still more stuff we need to do before we do this yeah actually i think i'm gonna bid my motion to table decided well I'll second that the second currently on the floor excuse me is by Councilman cone so councilman kini is going to make a motion to table the item councilman codes that you want to second the table or do you want to yield and let councilman barber second it oh you okay so the new motion on the floor is to table the item by council makini and it is seconded now by Councilman barber the item 22 table is now I'm going to clear the queue and we will now vote not yet we're going to vote it one home well yeah you know what I'm not going to do that because councilman keenya if you want to table it if you want to change your motion I'm going to allow you to do that but only when you have the floor right now councilman barber has the floor and when you yield councilman Sanborn is next councilman tad Nelson is next and then councilman Sanderson was next and then you're in for so if you want a table at that point i'll let i'm going to go ahead and let the debate continue i believe i can change at any time may change my motion however i know there are other people that would like to discuss this issue and so therefore i will withdraw my amended motion and let the original motion stay long enough for the discussion to occur councilman bob are you ready for the few new things are happening all the time that I'm finished discussion for now okay Councilwoman Sanborn my questions are kin if you could come up under a question issue for you I know that you were responsible according to this for putting it on the agenda and the staff recommends approval but as director of parks and cultural service what is your position on this land and do you think that we could meet the four-year requirement when I first met with mr. Boyd when I looked at this particular track the dimensions of this particular track you're looking at 200 foot width and 2400 link and I think the limits us as far as well we could put onto this particular part I'm not interested you know I don't think we're interested in HOA park I think we're looking at a community or regional park so does dimensions don't really lead us towards that direction but mr. Boyd did fulfill his requirements as far as Park ponents and I hate to say this is free land there's no such thing as free land but this is something that he's given to the city to hope that we can work out with the scooter drink to come together and build a regional or community park but if that doesn't work out it goes back to mr. Boyd and the city really hasn't lost anything and if we do work that out with a school district how much would you say to get a usable part for it depends on where Kyle amenities we would like to put on there and then Stefan have to go back and look at the cost but right now it's the way it is that 200 foot with and 2400 length they're drunk they're only some certain things you can do with that thank you yes sir councilman's had no [ __ ] about a few things how many acres I mean I just wanna explain everybody what's really going on it how many acres of property is the school district have 130 they have a hundred thirty and that's this mystery has 11 that just happened to be behind it what he's trying to accomplish is to put the school district in the to a place where they have a hundred and twenty-one acres and then they can put their park wherever they want that's what I'm asking Perry people talking about how bad this area is for part that's not the point their property will extend all the way to the end of the mr. Boyd's property they can have parking lot back there they can have a baseball field they put that park anywhere they want on that that place and if they're going to have three schools I can promise you every acre that they have additional benefits the school district there's little doubt about that I've talked with dr. Boston about that I mean this is a win-win for everybody and you know I guess we can say yeah we had to fit a little park on a sliver of 200 x 2400 nobody has said that correct okay that's not as a matter of fact I'd be willing to bet a dime to a donut that would never happen what they'll do is extend their property and then put their park elsewhere on that property and it'll be perfect it will be great mr. Boyd will get the park that he wants CCISD will get 11 acres free and everybody would be happy and if it doesn't work out he gets a piece of garbage land back do anything on that's what's going to happen so I'm voting for today I think it's a smart thing we should have done it last year despite our problems mr. Boyd councilman Sanderson I really think this is kind of a no-brainer mr. Boyd has met his financial obligation to contribute two hundred dollars per lot he doesn't have to give us this land at all it seems real clear to me that what's going on is he's giving the city this land saying please use it as a park no one has any realistic intention that we're going to build a park on that narrow strip of land on the other side of the school districts property he's giving it to us so that we can go to CCISD and trade with them to put a park in a better located spot on their attractive land and in looking at the deed we don't even have to trade 11.03 for 11.03 acres just as we can trade a similarly sized tract of land so maybe they want to give us eight acres instead of 11 and we can put a regional park there right yes I mean there's no downside to this for the city whatsoever is there he's giving us land that he's not obligated to give us and if we don't use it to enhance the beauty of that area by putting in a regional park he gets it back pending agreement between the school district innocent okay now mr. Nelson mentioned increasing the size of the CIA's link we can't actually donate it to ccisd right we have to trade it in my mic park mr. turn well the I'm just addressing the day to dig the reflexive tarantula it's okay so so either way you use it after four years we used as parkland are we trade it with the school district swap it out the school district we can't just per se donated to the city or to excuse me to the two ccisd with to trade it for well I guess you could donate it to ccisd they don't use it for Clark is going to revert back to mr. boy right we donated to CCSD they have to build a league city park or does it have to be you know I'm a little bit confused about whether it just has to be public park or the city park I mean if there's a difference i guess if the the way it's worded there's two conditions this is used as a public park uses public park by the city are swapped out with the school district now if we were to the city were just to donate it straight out to the school district that could be considered possibly a violation of the steve unless he waived that requirement in the in the school district start using it as park if the school district failed to use it as park certainly this lead requires it to be reverted I unless I've been further resourcing a memorandum cuz my initial thoughts on so so it could be a park at CCISD as long as they say this is a park that we're putting in place because of the 11 acres that was was you know donated by the city of League City that was donated by mr. boy well that would be the CC is DS understand with mr. boy they would have to clear that with mr. boy if the city was going to donate the property without no swap to ccisd then in Bethesda ccisd to reach under state of mr. Boyd on this warranty long as its public park it's okay with you I'm asteroid I think it's great i'm voting for it council makini you know it disturbs me that we keep talking about as long as ccisd does that as long as ccisd agrees to this if CCISD will fund to maintain and improve a public park so you're asking now if you want to consider your your thought process you're asking now ccisd to maintain a public park you're asking CCISD to improve a public park and that's not their responsibility that's not CC is DS job to maintain and improve public farts now would they do that I don't know why don't we try to figure out and talk to them first before we start entering into agreements where we're saying this will work if ccisd does that let's talk to ccisd I don't know if mr. Boyd has I mean I know he has a time frame of I guess cleaning house at the end of the year and he'd like to get this taken care of but is there anything wrong with let's talk to ccisd since obviously we're all hoping we've all agreed that that 10 acres up there is not usable as a park the way it's configured it's not usable and that's agreed up here however what I don't see is an agreement of what is going to happen and I think that that's what we start need to start working out before we start entering into other agreements and that's and that just makes sense now there is nothing free this may appear to be free land but if we don't do anything and we're not able to come to an agreement and that schools not going to be built a high school takes something like 30 months to be built so first of all the schools not going to be built for almost three years we're going to have to maintain that we just approve the multi hundred thousands hundreds of thousands of dollars to cut grass in the city and that's the taxpayers expense I would like to make sure that we can work something out with CCISD before we encumber our citizens with maintenance costs on land that's not usable it's certainly not usable current configuration the attorney needs to speak before new one council member sindelle someone forgot the address sir there would have to be the research on the issue of we're not sitting and give away property for free yeah which other I think we've had three something some quantum meruit something back in value it may not be landed at be something else so that'd be another issue that you'd Oprah would have to overcome before you could dedicate land to the school district either way that you're reading of the deed is the context of nature of it is leaning towards a land swap with the school that's correct thank you yes ma'am our staff report said was about City Council required to develop dedicate councilman barber actually she just said one of the things I just heard a few moments ago that wasn't required I think that's an incorrect statement because i think what maybe what was meant was that it was required by the parks dedication ordinance at that time and yet others as i understand a negotiated document when we grant one we can ask for whatever we want that they agree to and we agree to it and we pass it so now it is required that 11 acres is required now okay so during during the time between now if we took it tonight and at some point is a given away or or not developed a reverts in that time we are on the hook for the maintenance of it somebody calls us and said the weeds are really high we're on the hood so that the question that not a single person has answered tonight is why should we do that now when so many things that are up in the air and we haven't even had a dialogue with a school district even though it's all well good maybe an individual has but I'm not going to do anything until I see them talking I have a chance to talk with him about it especially in an open forum so I I think it would be irresponsible to pass this tonight nobody's told me why now even you yourself said well no it's not time sensitive just doesn't make sense i got a bad gut feeling on this one Thank You mr. board I want to clarify something about I was not required the city ordinance at the time that this took place did not require me to do both it said either two hundred dollars per lot or 11 acres of land that that needs to be really clarified and that's what the CEO arbitrated time so I agreed to do both Sam last equipment councilman Sam going on with you now CCSD I think covers 12 municipality and I think when we have a council member even mention that so cci SD gets it they build a public park I think that we probably as mr. kitty said should talk to ccisd because I have no idea where the ccic funds particularly bond funds can be used to build a public park so I think when when we start discussing what cc is will do and how they'll do it and if they'll build a park and if they'll maintain it particularly a public city park that that we need to be real careful about that mrs. Sanborn it's my understanding the intent was never to get the city or get the school to build this part the intent was to coordinate the configuration of this park land with the school and it's like councilman Nelson said it's going to end up being all kind of together you know used by the park by the school and whatever you know the city and the school agree on on a configuration of the part that particular winter and you may end up with eight inches or whatever it is that's why we didn't limit it and say it had to be 11 acres it's whatever everybody ends up being comfortable with but the intent is that the school is not going to build this part the city will be that responsible but i have seen in the past CCISD or i should say the city and ccisd not exactly see eye to eye and and that could happen if you don't have an agreement not you that could happen if we don't have an agreement well to have an agreement now this could go on for a long period of time that's why i left is we double the time from two years to four years to say that you can get an agreement now it won't happen because the school doesn't know exactly where everything is going to go but in a four-year period of time that is more than ample time to sit down with the school and and maybe the history has been that you know there hasn't been as much cooperation between the two entities but i would suggest that you need to because they're interconnected we all know and i would agree the growth i'm here developing because the city is a wonderful place one of the reasons it's a wonderful place is because of the excellent schools in this area i would not be developing here if it were not for Clear Creek High Speed they are just they attract people to this air so I can just assure you that if if my help is needed I offer my help to put the two parties together and to be involved in any way that I can but I can tell you that after speaking to both parties I can tell you from my standpoint both parties are willing to do that sit down together mr. Boyd could we put something in the in the d like for instance what's ground is broken you have four years to build a park assuming that the bond is going to pass you know we hope that happens so we can can get these schools but couldn't instead of the four years starting so quickly because if the schools aren't there we're not going to have to park there you know access to the park roads to the park and all of that could that be changed in some way well we can change anything and y'all I mean y'all just do whatever I mean I will abide by whatever this council wants to do I want to see a nice regional park there and just you know we can sit here and play what if I mean what if these girls aren't built but what I mean what if a truck hits us all tomorrow I mean the fact is there are going to be probably seven thousand plus new homes built in that corridor from 272 146 from 96 down to 646 just the stuff I'm developing is going to for 22 million homes well the school doesn't have a choice if they're going to stay ahead of the growth curve I mean we all know that they have to build those schools and they have to build them quickly they need that elementary in high school now so I mean we could sit here and say well what if it doesn't happen I think the citizens of this this town in this city and the school districts are smart enough to realize that it's necessary it's what it's what creates this great atmosphere down here and I don't disagree with that at all my point on the what EF or if we could add it in there that once grounds broken on the school that we have four years to build that Park or within four years we built that Park I mean I I think that that's to me that's a simple I not a simple compromise but it's a good compromise how about if we said four years from the time of their bond a successful election well hold on this hold for a second because attorney has already advised us of changing a warranty deed on the fly we I think that's where we all get in trouble sometimes I mean if they do a bond election visit San born in the spring that's only what five and a half months away six months away that's still going to leave three and a half years you know to get things rolling it's where we all want to be I just want to see a nice park Thank You mr. Boyd mayor sam i said one or two questions there counselor cones yeah how's Raquel but I think we're beating this one real late in the night here just one quick question we need their need to either postpone it move on get off of it or pass it tonight can you give this land to the school district could I yes you could have given this land to the school district and not come up here tonight probably so I understand that but the point is is that we got 11 acres of land I think we can work out with the school district and find a different location Mary I just have one question for you is this 11 acres required I do remember that mr. Boyd was back in the time of the two hundred dollars / / / lot do we know that for a fact or not I think that's a big question here if nothing else happens and it reverts back to you but it's 11 acres of park lane that I think the city ought to consider Councilman Jim Nelson wall sir the way I see this whole thing is that this is unimproved land until something happens out there so it's going to sit there we're not going to have to take care of it until something is developed so what are we arguing about cutting grass it's not even I don't understand what's going on here I think we need to pass this tonight and move on bouncing a tad Nelson Sam Sam classy one push up mr Barber made a good comment um you have a putt agreement on this yes sir and in the pedigree thinking part of your agreement was to get the city 11 acres in addition to the 200 hours so you've agreed to do this yes sir and it was it agreed that it was going to be this 11 acres we didn't it not specifically no is this pretty much the only 11 a because you have left that you could give yes so in essence we have a pot agreement with you where we're supposed to take on 11 acres and we get to do that I would hope so sounds to me like we broke here anyway okay so council makini at this time you're going to change your motions that correct the table actually mayor what I would like to do is withdraw my motion okay so you're going to withdraw I'm going to leave for the record your first motion as the first as the only motion which was tension there is no motion on the floor I'm sorry that's that's what he said he's were throwing that a realignment but I'm for Barbara's sake I'm lettin Barbra know that the motion that is being withdrawn was the motion to approve contingent on us giving it to ccisd and to strike the the return if we could not that's being withdrawn so council cones it's your second now do you have any mirror go ahead and make a motion to postpone it indefinitely two against more answers okay council McCombs has made a motion to postpone indefinitely seconded by counseling barber is there any further debate on this hang on please vote actually we're ahead the queue I'm sorry and I would just like to a long hold on hit the cue for me because tad one can also go ahead counseling kini actually I would just like to say that as mr. Cohen suggested that we should act quickly get with the school district and and I think we can come up with a very workable situation where we create a park on the somewhere on the outside of that hundred and thirty-five acres that's that's going to be great but I think we just need to do it I've looked forward to it and I'm just wondering if you're going to take the lead on that are you talking to you sir oh absolutely you bet you okay so emotional for of councilman sadness I just want to ask that they can help me out or the attorney I just going to know what our responsibility or liability as for that matter when we make an agreement with somebody in a puddle and it's clear when you look at the land that they have there are only 11 exists in acres and we don't take possession of them like the putt agreement says I just want to know legally if that causes a problem down the line somebody could look that up for me and also if you don't mind throwing up email me wearing the putt agreement it shows that we took that we were supposed to take the 11 acres I just kind of like to look it up myself thank you very much I'm meeting with dr. mossman on Thursday on another another related items so I mentioned it to her as well counseling can hear you back on the q no okay very good with no further debate please vote on the motion to postpone mayor just for clarification who seconded by Councillor barber head thank you for counseling barber columns Keaney and Phyllis and born opposed counseling Jim Nelson Ted Nelson and Chris Anderson motion to postpone passes item number of a reports from staff member tonight but like to introduce engine and it's Kenneth Baker he's the manager of information systems area so we're glad that he took the time to join us here tonight thank you welcome to ward councilman anything else first okay item number nine old business from the Supplemental agenda 9a consider take action on authorizing the mayor to execute an interlocal agreement with Galveston County Texas for joint funding for state highway 96 improvements and authorizing the expenditure there to would approve sorry councilman Ted Nelson made a motion to approve second by Councilman Jim Nelson this item is now open for debate council makini I guess you know I've worked pretty hard to bring this forward and I missed but one of my questions is the authorizing the expenditure there too what that what is the implicate what does that mean I mean I when I read it it says we're authorizing the expenditures what what expenditures and how much are we talking about how how's the city going to come up with that money I'm just wondering why we needed to put that additional text in this motion yet he recommend to me I'm asking the city authority unless you know where actually Chris Reda and I both are aware within the last state highway task 96 Task Force which at this point I'd like to thank very much the citizens that participated in that it included txdot Galveston County fact Council kini I thought you were actually there anyway I called the meetings okay start oh absolutely ok so I don't know how we miss this but this was where the we're going to piggyback on txdot on Galveston county's agreement with text dog we have to find Chris what is it three million 3l 3 3.5 million and this is simply instead of us writing a check this is what TxDOT will use that we have ratified and agreed to pay we just don't have to pay today okay so really this additional language here really is kind of redundant because if we execute the local agreement for junk joint funding I guess where are we in that motion were authorizing the expenditures so I just I was wondering why we you know but I see redundant language I try to figure out why is it redundant but it just sounds like it's redundant because the joint agreement interlocal agreement already has the amounts in there any further discussion on this issue I would like to bring something on there if everybody would go to number three towards the end of that paragraph I just wanted to bring the council's attention that it says if upon termination of the advanced funding agreement of a some less than seven million dollars in other words if TxDOT spend some of that money and they give the reimbursement to galveston county will only get fifty percent of what they've gave what they've given Galveston County back so we'll have no recourse with text stopped because this agreement is with the county I just want to bring it to your attention council Macomb Chris if I'm I asked you I just want to make double sure here that after reading the agreement casino we're in there where it states about the unfunded liabilities that we have for change orders like we had on highway 96 I want to make very clear that we're not stuck by agreeing to this for any overtures or expenditures that or above this at this time I don't see it in the language but maybe the attorney can address that I believe that that was addressed and textile has agreed to fund all of the yoga jizz but I wouldn't miss the councilman conscious his right eye and I haven't read through this particular document but it certainly needs to be in writing is that the way you understand it that's correct our contribution in assignments it to the 3.5 million the only downside is like assistance a mystery restated debt if for some reason they do some studies and they decide not to go through it we can't we don't have recourse if we received less than 3.5 billion if we received 3.4 million understand but state highway 96 we were tagged with 8 million dollars overage after sending an agreement that we would we do not have everything over we do not have agreed with text I don't see that issue but that's not the point thank you motion on the floor by Councilman Ted Nelson to approve seconded by Councilman Jim Nelson with no further debate please vote for words an animus motion passes and rusev item 10a we have a number of supplemental barbershop I skip something tolerating can a consider take action on a request from Reverend Edwin bamberg spirit and truth Family Worship Center for variance to ordinance 2006 720 property generally located as six acres out of 76.3 80 acres of stephen f austin survey abstract number three Galveston County Councilman Ted Nelson's made the motion to deny Councilman Jim Nelson the second to that motion is now looking for debate councilman Mike Barbour the notably first I had to dialogue with some staff after our last meeting and by the way I wanted my goal is to make sure that you're able to do this without the additional cost and there was another way that that i thought was proposed and maybe it's still in the works which was that we put in into our ordinance verbiage that for nonprofit agencies such as church whatever that had submitted prior to that fund that we could not have that increase in cost for those i don't know if that didn't i find out that that just wasn't achievable or where we at with that process because to me that's a much better way of handling it and still getting into what you need we did look at that that was one of the items that we discussed and with that you would ultimately have to go back and recalculate your rate study to show the shortage that you'll be estimate the shortage you would have in your capital recovery fund in order to do that okay so that's still so which says it's still in play and still in process or you're looking to see what happens here and i provide something that the staff would recommend that we do at this time okay see and Mary I believe you also explained to me because I was inquiring as well that if even if there was a variance that that had to be paid by the city the way it was explained to me by the city attorney and we sat down with him is that even if there is a variance because the state law requirements on guiding the crfs and CIP issues that that money still has to be paid because you have ultimately when you adopted that great study and your capital recovery fee great you have said to the state this is how much money we need in order to take care of our infrastructure and to take care of the impact on our city's infrastructure and by granting those variances you're now saying I don't necessarily need that state so I still got to put that money in because I told you I needed that but that truly is what the impact it councilman Santa Councilwoman Sanborn Mariette if this was done with the church out over there by the big league dreams and I know that that there's a new church going in on Brittany babe if we did for one would that legally bind us to do for every church that came before us or every nonprofit I mean if you do for one which i happen to be a member of one of the churches of this building don't you have to do in frome that's a great question this you face is if you grant a variance to one nonprofit worth of church or some other nonprofits and if another nonprofit request that same variance you don't give it then you're starting to look at it possible you're treating different classes differently or same class differently in other words whatever you treat one class you have to treat them equally so if you're treating one nonprofit differently from another one that's not a good position via you would open yourself up to other people wanting the same consideration and if you refuse to give it then you may be subjecting yourself today possible claim and Mary we talked about this earlier because I thought I had some questions about this too because I want to be fair and equitable to everybody and you know I'm very excited about your church coming in there you've got a you've got a great site and I know that you're going to bring people in with your ministry but has a has have you ever or have we ever waved the CRF please that since you've been here not since I've been employed with the city city engineer is also shaking his head is never bed that's never been done okay well I Councilwoman again as I was discussing this with Mary because we all you know aggressively looked at this the day after the last council meeting because we all wanted it to happen but it one of the first issues we faced was obviously the YMCA right they'd be knocking on our door under the same circumstance it's just it's just it's middle is unfortunate of things councilman Collins again mayoral disagree with your comments for the simple fact that I think what we're talking about is not waiving the fee for the church but reducing the feedback down to what Kepler recovery fee was prior to joy of the 26th of 2006 in this special situation the Reverend placed the plat to the city back in 2004 to build this church he came before the city took drones and so forth and there were some complications with the site review and they had to go back and redo it and then he came to the city for a building permit at which time he was told that the fees doubled completely doubled I don't think we're looking at giving waivers to the YMCA or given the church a waiver but we're asking to be fair to the people that were in the process a process of capital recovery thieves and that is we're not the leading all of the fees forum were just simply dropping the fees back down to what they were when they were in the process and the process was like they submitted a planning they submitted a klatt to the city and move forward and just was called up in the time period of July the 26 so therefore we're not waiving fees or capital recovery fees or deleting them for the church but only lowering them back down to what it was initially when they started the process but I would also like to read in the local government code chapter or section 395 dot 0 16 the time for assessment and collection of fees it says the political subdivision may assess the impact fees at any time during the development approval and building process except as provided by section 395 0 19 the political subdivision may collect the fees that either the time of record ation recording the the plant of the subdivision plant or connecting to the political subdivision water or sewer system or at the time of the political subdivision issues either the building permit or the certificate of occupancy so it's to me it sounds like that we can collect these things at different times in the process again i'm not stating that we ought to lay these for for anybody especially if they are an impact to the city but i can only tell you that where the church is located Larry do we have water out there now at that location yeah there's so there's water so really the impact is not like running a water line three miles down the road to a strip center or to the church let's say if they were on a vacant road water is in the area so therefore the capital recovery phase and the impact to the city is not what's really displayed in this data sheet showing that the citizens are going to have to pick up the cost which I disagree I I strictly just want to be fair to the process and I've said before that I think anything prior to July the 26 when when a person has brought their plans and their played into this city should be stuck with the the rules and the laws in the ordinance in place that thats and be like us one by a car today and being told that the interest is seven percent and we go back this evening to pick up that car after we made our transaction and then tell us that now the interest is 50% on that loan so I'm just saying we should not waive capital recovery fees for anybody not saying that I'm only stating that we should reduce them down to the impact fees or at the cost that when they first planted their plant and that was in two thousand and thorne and they had complications now the church's is ready to move I think we're doing a disservice by charging this church and only this church the the fees of i think it was fifteen thousand is that correct revered instead of the seven thousand dollars like they were told at the permit process Thank You councilman Sanderson married couple weeks ago we had a a presentation for council from the owner of servel homes and I recall that his complaint was that from the time he had gotten his plat approval to the time that he was going to build in his last phase that the capital recovery fees increased and he was before us asking what would we let him build at the fees fee structure that was in place when he first got his plan approved and we had to vote too did we go to deny that no sir we postponed it it's been postponed okay so I mean so it's a timely issue so the only difference between service requests and this request is that this is a church or a nonprofit organization as opposed to a for profit builder develop the right other than that it's the exact same situation or not it's the fact that this is a non-profit in mr. Issa mr. um Colin Colin mr. Holman that came before us was asking to pay because he'd already built four sections of his subdivision and wanted to build the rest at that same rate and at that time staff told council that there were approximately about 2,000 lots out there that were also in the process of planning or or being developed before council amended the rate so the staff of full some of that information and quite frankly not even considering the commercial properties that are out there we all know that commercial rate is a lot higher for CRF fees than residential we came up with just a quick and dirty 1737 tracts of land that would be impacted or could possibly come back to council and asked to also be allowed to pay at them at the lesser rate prior to council increasing the rate in July and we just wanted to bring that information back to you I believe one of the council members asked if we would pull that information together and we did so if I understand you correctly what you're saying is concern that you have a staff is that if we grant this this request now and allow this applicant to build that the lower fees that were in place when they first submitted their plans that we're going to have to turn around and consider doing the same thing again to mr. Holland or any other applicant who may be in a similar situation where there's been some delay between the time they got their plat approval and time when they're actually ready to permit and build it now that we've increased our fees I can't tell you one hundred percent of these people might show up but I do believe that it I have the professional courtesy to tell Council this information that it is a possibility that you could be faced with additional requests are there lots more people out there who have had five approvals soon as I stated we only looked at the residential portions we didn't pull all of the commercial set asides that are also in the process of being planted developed and have paid at that rate and these CRS and increase from time to time to reflect actual cost to the city right I believe that's correct so these these these increased fees that were discussing these increases in the CRFs that took place recently those reflect actual present-day cost to the city based on the information it came back in the study that the city had the staff to go out for RFP and do it yes sir does so is it fair to say then that if we whether it's this applicant or any other applicant the grant a variance and allow people to to build that at a lesser fee that we are subsidizing their development as a city if you set the Fiat at one rate and then you're going to allow them to pay it at the old rate then somehow yes with the money having to be paid then yes the city is going to be doing that because the difference has to come from somewhere else just have to come from somewhere or else we're running out of deficit to if you recall a few months back when the city adopted zoning and we agree for 90 days that we would allow people to turn in zoning applications at no charge it was at no charge to the applicant but if you recall staff came back and asked for 25 thousand dollars for to pay the cost of that so what we say to as being no cost is really a cost and it has to come from somewhere because we have to pay other providers of those services so if it doesn't come from somewhere else effectively we are creating a deficit for for our city budget per se and that's from mr. Herbert serve as their Director of Public Works all right calcium excuse me councilman barber or all those concerns that you just that councilman saying this image is brought up are exactly the ones that I was also worried about that I mentioned when we visited with you back in November so I guess I really only have a couple more questions just because I'm pulling at straws here trying to find a way to not do what I don't want to do you said it is stated here I think may be our attorney's opinion is the state state law there is no vesting in the payment of crs let me ask you a specific question are you state are you are you suggesting that the state just has an old lab that hasn't called for that or they would not even allow for us to do that and I think there I hope I state that in a way that you understand what I'm asking please replay okay sometimes the state like for instance in property zoning they the state passed a statute that called for investing in September first 2005 now I don't know if you're telling us that the state hasn't done similar thing for vesting and CRFs or if you're telling that the state prohibits the city from having our own ordinances that call for vesting on something like a CRF alassane vision sainik chapter 3 95 16 get specific scenarios regarding the assessment of impact these four impact these adopted before after 1987 so there is a partial answer to question that require further analysis to go back with Arnold on that give you specific answer regarding is there a vesting the only best thing that that would be close to that would be under 3950 16 but again that's under different scenarios the question that's being asked now is whether or not there can be a variance to impact now I understand that part and so I at this time to answer your question I that built it works I appreciate that ladies follow up points one further question it was brought up that the to build the church you're looking for a shipment of one burn some things there's a process to move forward which would be held up until this CRF would be paid and permitting as allows that correct that is correct is there any way that the city can defer a portion of that payment which will be equivalent to the increase until a later date as I mean is that legal is it possible is it something we could do because you were prepared to at least pay that amount prior to this increase yes and I don't even know if that will put you on the hook now you're worried about can you pay the balance and what would happen I don't know I just I'm just trying to find a way what was it what you could the city defer the full payment you know required to get his process moving forward you could pay what he was prepared to pay our previous serif and defer the rest until later date I mean I I know it sounds like a slippery slope and it seems uncomfortable but I don't ask that that I'm not going to have a clear cautious because I'm trying to find a way here I'm not aware of a procedure I'll know if your organs allows for that my initial review chapter 3 95 didn't state it says that the impact they shall be collected on such such currents that talked about heat the furnace or splitting of the acti whether the city has authority to do that again I have to defer and look at that come back with an answer at a later time the council and it would still raise the other issue which is if we did it for one would we then have to offer that type of finding right my next point would be could we do it in scope that wouldn't open it up to everybody and all these things let me put it through this way I you know for the reasons stated I can't do it there I personally can't do it that way because it would open us to so much trouble church but it sounds like they're just could be hope their follow-up and I'm willing to spend that time and look to help you so I will continue to do that I'm going to look at innovative creative ways there's always a different perspective in a different way and if not then my apologies but we're going to work I'm going to work it's taking counsel mccombs again I'll just lucked straight i think it's a it's a matter of fairness not a matter of if the City Council passed walls that people did not know of and in Mary we did ask you for the information last council meeting which we have not received it yet so I would appreciate maybe sending that information to us and maybe it would have been nice to have the information before tonight's meeting no problem council get it out to you but I would like to say in matter of fairness they were in the process of closing out the deal and so forth before july the 26 or 2006 that is my whole point i find it very hard to believe that we have 1700 planted Lots prior to july the 26 2007 that are on the ground and or have gone through the pansy and so forth but i will will will look at that information but i certainly think that by the i think you may if you like if you make but I think we'd like to have the information next time beforehand but again I think it's a matter of fairness and when a person is in the process we ought to tell the person what their what their do for the city and we shouldn't be changed in laws or changing the process midstream just if we didn't do it on the parks feed we didn't go back and said everybody that was played it had to pay it was from that day forward they had to pay you so thank you House makini I guess you know we went through a long long process on impact fees and first we started off I think with water rates and impact fees and all this coming together and we haven't approved of CIP but you know I don't remember specifically stating you that somewhere in there it dealt with this location and it said you know because this church wants to build in league city gee whiz we know that they're going to have these these many people using water and that sort of thing and it came up obviously this this location was being planned well before we already before we went into considering the impact fees and so how do you make that how did we make that split when we were considering impact peas did we say you know what when we're doing this study on these crfs it's gonna weave when did they start the study a year before we approved it it was a significant time because there was a long delay so I mean there was some land assumptions made would you say a year though we started this please come to the mic for records how this study is actually a culmination of a study which was in place before I came here we completed this study which is a land you study it's basically blind to what what specific properties of the beat areas it has to do with use the residential use is going to be commercial use is going to be certain cop use and each use has a certain capacity that's identified that used but but the study was was originated in the 2000 year and in the original study there he was a two-thousand-dollar any gun thing got froze because of a decision that one time they thought they might be away to see our f ed up together and then it was realized that you couldn't do away with the CRF fees because the financial impact of trying to bond everything to do without the CRF fees and then it was picked back up so this study predates again it's back down to nineteen ninety nine is when it started in the land use assumptions and what those demands and the system we're going to be at that time in between some of that we picked up some additional properties for the west side and some additional development on the east side which came in and introduce you the formulation of the numbers but the problem is if you don't if you don't collect the CRF vs an upfront fee you have to collect that dollar value somewhere and if it doesn't go there it goes into your chili your utility brain so these are tied very closely together if you don't collect crfs upfront you end up not collecting anything everything has to be calculated into your children your children right and it goes through we're so would you say year it was more than a year okay i'm at this last study oh this does he have to tie the studies last a story you have to tie the study to the fee so when I say this study I'm obviously saying the study in its current I'll recommend three years up 4024 dot yeah this disk art form is three years old that's what it's three years old 4024 off this way yeah this depth of the plan development that generated this study began three years ago the land development that does this guy what what we did land use that when did we hire the consultant the consultable zone bore excuse me let me be more specific so i can get the answer that i'm really looking for whether no matter what that answer is i'm looking for the answer to my question i guess my question is is when when we passed a study that recommended a CRF of four thousand $24 correctly that was recommended to us by a consultant that fee we paid that consultant a fee to come up with that number council agreed to go with that consultant for that time period when that would that was over three years ago so they stay that day but it's over three years so they've been doing this study for it took them three years enough we've been updating this study for three when why didn't they come up with the four thousand dollars but there had but they didn't have any changes so in the last three years they said no don't worry about a change don't worry about a change don't worry about a change and then all sudden in the last year they said come up with four thousand dollars with a land development that was created and put on the books approval of flats and properties and putt agreements is what generated this fee plus going back in having to upgrade your circa pacity and your water capacities which were not calculated in prior studies that generated the change okay when do we cook mr. Cohen's mentioned that we could collect the fees at three different times does that is that correct it is when your impact fees were adopted and when it lands play after 1987 army so obviously the fancier before 1980s okay certain scenarios obviously we're talking about after 1987 I believe correct correct okay so did we did we mention to anybody in the last three years is using mr. Murphy's terms we've been anticipating this increase in the last three years when these people came before City Council did we happen to mention to these people by the way we've spent the last three years coming up with some fees and they're going to double on you pretty quickly soon as council approves them that we mentioned it to this group here I couldn't speak to this group we have been telling developers and people came to crc at least the last two years once it was established that this was where the feed is going we have been informing these people that this feed was going to increase and we've been given on numbers that would anticipate doubling at that time which was about two thousand dollars that's total fees would be increased and we just spent them we've been telling that film bet for quite some time when I guess this was set free you know I could not tell you that we have been informing the developing community that this was coming up I know most of the developers know about it because at some point time to fully past it because they were certainly you know it's it's their bread and butter sure thank you mother thank you jack Councilwoman Sanborn feel free but and I would like to help you out but here's here's my my quandary here if we went back to the original fee for this variance here wouldn't a fair thing to do be to go back and when we learn in a database of how you enter it and everybody that plated property in all fairness should get the same thing I mean just because I don't come before council does it mean it's not fair for them because some don't know that you can come before council and request a then a lower fee before july twenty seventh so my question that i have in my mind is if again if you do for one the fair thing is to do for everybody i mean that's that's what i'm sitting up here pondering i think as long as you also take into consideration that as mr. Murphy stated then we don't have to offset that cause somehow right to the tune if you've got 1,700 plants or that have come up before then you've got to fun 1700 right 17 whatever that number turns out to be right it could be more but you've got at least 1,700 there what we yes these are 17 at least 1,700 lots or or what we would call lot of use it when you're talking in terms of the impact visas and essential to be a use and you may have a car dealership you may have a church you may have a community's a wide variety is already a lot of different businesses homes buildings Thank You councilman columns for another chimera now let it go Councilwoman sandbar i agree with you one hundred percent that it needs to be fair across the board for everybody and that's my whole point here is that when we passed the parks ordinance from two hundred dollars to a thousand we didn't go backwards and say to everybody if you're planted you're going to now 0 is 800 more dollars we went ahead and said from this day forward you're going to owe a thousand dollars per lot if you're not if you come into the city that's what I'm stating now I think I think that we should have clarified this long time ago during the CFR's might have been a little bit easier but again does the church putting impact the city that's the question and as they know because where they're at there's water lines so therefore the city is not running a 12-inch main water line out there causing the impact they're going to be paying 7,000 or 8,000 dollars to cook up to our water and pay the Capitals recovery phase so therefore they are paying their share it just happens to be right in the middle of a change from City Council thank you the motion on the floor now the motion is now closed it was originally made by Councilman Ted Nelson to deny seconded by Councilman Jim Nelson with no further debate please vote for izz councilman barber Jim Nelson Ted Nelson and Chris Anderson opposed councilman Collins kini and Phyllis Sanborn motions denied passes we now move to item number 10 be consider and possibly take action on acceptance of municipal infrastructure to serve walker street from centerpoint drops of state highway 96 in the tax increment reinvestment zone number three center point mr. move to approve councilman barbers met the motion to exclude letter counseling Jim Nelson has second at this motion is now open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item number 11 a consider take action on an ordinance amending chapter 90 of the code of ordinances of the city of League City and titled signs permitting the placement of temporary signs for promotion of participation and amateur athletic organizations Councilman Jim Nelson has made the motion to approve seconded by Councilwoman Sanborn it's not most is now open for debate hearing none please vote for is unanimous motion passes with Councilman Ted Nelson out of the room item number 12 table items subject to recall I have none 13 council members comments and report councilman columns Thank You mayor I've got to move it up tonight but I got first-inning there you go i did that just for you have breakers i just wanted to say that i hope that everybody will say a prayer tonight for sherry color who used to be a city employee for 35 years in league city she was here for the 16 years that i work for the city she was a really a trooper she she overcome many obstacles to get to work but sherry was always here and sherry really loved her work and loved this city so please keep her in your prayers tonight she did passed away this week so as an employee for 35 years I've even like to maybe in the future see if something in the finance or water line that maybe we can name something after because she was a very dedicated employee this past weekend or two weekends ago we we had the holiday in the cart parade and it was a very successful event I think staff especially parks department and Police Department for everything they did make this event very Satan and again that's all I Hitler Thank You counsel makini mayor I'd like to wish all Christians of Merry Christmas and all Jewish people a Happy Hanukkah and anybody else that's just celebrating being out of school may they all have a safe time may they focus on family and what's important in their lives thank you Mary Councilwoman Sanborn I second what mr. Keeney said thank you councilman Sanderson we don't have another city council meeting for the rush that's not so as much as you all would like to sit and listen to us before first they'll have to watch the reruns I just want to take a moment to wish everybody in the community and with the city a very merry christmas and happy holidays hope everyone has a safe holiday and take a moment to think about our members of our armed forces or overseas who can't be with their families this holiday season Thank You Councilman Jim Nelson thanking our a couple of items of the library the library will be closed saturday december twenty third through tuesday december twenty sixth and again december sunday december 31st through monday january first registration for the spring story times begin on thursday january fourth more information called the library youth services desk at 281 554 1113 I want to wish everyone a Merry Christmas and a Happy Hanukkah and I would also like to ask everyone to pray for our troops overseas that they would be given the nice people of trying to be bold in with their family and that's why I am here Thank You councilman barber take mr. Merrick want to echo everything that councilman cones just said about Sheree Koehler appreciate those comments I also would like to echo the Happy Holidays wishes for my colleagues who mentioned Christmas and Hanukkah and also like to add Kwanzaa to the list and any other holidays that we have over what tonight everybody have a joyous season and I look forward to our retreat on Friday which has goal setting and I hope that is very productive and we all get a complete this session without drawing blood that would be a good thing to do so look forward to that thank you very much thank you that concludes item 13 14 mayor's comments I just like to congratulate League City proud and all the people that worked so hard to put on the holiday in the farm parade our Police Department of Fire Department EMS everybody that participated there were thousands and thousands of kids all of whom I think got plenty of candy very happy to report they got candy we are going to have a goal setting session friday i'm looking very forward to that and other than that i just like to wish everybody a very merry christmas and a very happy holiday season we will be back with you shortly now that concludes my remarks items added after electronic agenda there are none executive session there are none items added after the executive session there are none with no further business meeting is adjourned you {00:00:51}	{00:00:41} Your Honor okay good afternoon will call to order the City Council of the City of League City regular meeting December 12 2006 at 6pm to order one hour call roll Jerry Schultz tad Nelson Mike Barbour ducky Tommy combs here Chris Anderson here Phyllis Sanborn John Key me dear Jim Nelson here now moved item to the invocation pledge of allegiance to the US flag a pledge of allegiance to the Texas flag the indications not will be given by pastor Greg poor a clear creek community church and this would be a good time to turn off all cell phones and pagers let's pray father I thank you for the people on this council lord I lift them up to you because they've taken on a great responsibility for our families in our community and so I pray your blessing upon them and your blessing upon their families a pray father that you would let us honor you by being good citizens in yielding our lives to the decisions they make and the laws they establish in the direction they said for our community that we've been honor them by giving them that grace in that respect I pray father as they engage in the decisions that they have to make tonight that you would give them unity that you give them clarity of thinking and focus that you would give them wisdom that even in the conflict and the tension that's naturally a part of the hard decisions that they make that you would give them a mutual respect and that they would assume the best about each other as they make their choices and they decide so father I just lift them up to you I thank you for the sacrifice that they make for for me and for my family and for all those in this city and I pray your blessing on in Christ's name Amen the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all our money technics by graduation students alright we will now move to item number 30 approval of minutes and done now move to item number for appointments proclamations presentations and award there was a proclamation that we're going to pull because I think there was nobody here is that correct domes okay and we'll pull that an issue that at the next meeting item number five public hearing public hearing and action items from public hearing item 5a hold a public hearing on the proposed enlargement of tax increment reinvestment zone number two victory lakes we will open this public hearing at six over 4 p.m. if there's anybody that like to speak to this please come to the podium my name is Kevin cats and I'm a resident of leaf city a property owner of League City and I wanted to talk against the increase in the tax rate investments on as far as i understand it attacks reinvestment song is designed to stimulate growth usually in an area and underserved area for an underprivileged area and the and the idea of getting a zone to defer taxes is to try and stimulate growth in an area this area is booming there's no reason as I see it that the city Chicago taxes I don't believe that by creating the zone and increasing the area that it would prevent growth in that area and so I would charge the city with considering not increasingly to investment zone thank you okay and sir could you state your address for the record please write their property on doesn't have a name okay okay but it's it's almost adjacent to that property it's on a pin oak drive in in league city okay thank you very much is there anybody else I'd like to speak to to this issue please come to the podium okay hearing none we will close this public hearing at 60 5 p.m. and we will now move to item number 5 be considering take action on the approval of an ordinance enlarging the tax increment reinvestment zone number 2 victory lakes their move to approve counseling barbers measure to approve second about councilman Tommy cones and this item is now open for debate councilman Waldo thank you smear just a couple of things first of all just to address one of the concerns is that what these types of vehicles financing vehicles are for and I just heard a resident or a property owner talk about how its kind of four areas that may be economically deprived or whatever is to try to stimulate growth and that is certainly something you can do but just for your own application as well as anybody here that's considering Meredith is what it really allows the city to do is to help develop an area the way they want it developed that wouldn't otherwise happen on its own just through the market dynamics in this case that was one big concern when I went into the expansion you look at the proposed area it's certainly a commercially viable corner but the problem with the area is that it there are a lot of requirements to get it developed for the for the street that we require to be built all the way through walker street to be extended and over to the access they have to relocate some detention to satisfy the texas department transportation there are various infrastructure demands that have to be done just to put anything there and that's fine that's really their expense to do the problem is when the developed commercial developer goes in to do that he's also God he also has to be able to find people that will come in and be tenants and pay him the cost that he would have to be willing to do would make it such that the rent would be so high that the kind of businesses that we're looking to see in this case super target and home depot and the kind of things that are sitting these for for sales tax revenues they just not going to come pay that cost so the only way to gently overcome that barrier is to use the finance of the vehicle like this now I've done my due diligence I've talked with the experts on this and I'm on that board we talked about it at our board me a little over a month ago and I'm convinced that that is the case and so in order you need an objective that everybody up here I believe agrees with in order to increase our sales tax so that we can rely less on property tax owners then then this makes sense the only thing the city will really give up is the is the increment itself and all that is is the amount of property tax that we would be getting from that in excess of what it's already appraised at today okay it's already worth of value and we'll still get that amount that we're getting proper context but when it goes up in value from them developing it all that additional tax property tax is going to go to finance all these improvements that we talked about so yeah we are given up something but what we're getting back there's a lot more money and sales tax and that's the only thing these work so you're really looking not just for growth but very specifically for commercial growth that allows you to get that in it if you look the financing plan it's much more than that okay I want to be very clear about that and it not only to you because he brought up a good point but to everybody else on council I think it really does check out have had a good discussion with our experts as well as house who does a great job he has tons of experience in working with cities to achieve these objectives and and I am support of it one final comment before turn the floor back over I was contacted by a resident wondering if this is increasing our pit as you know there is a there are kids associated with this entire tax increment reinvestment zone and that's the pit is to actually pay for the same similar infrastructure the streets and stuff their associated with the residential but none of those are affected at all by this expansion those are held handled separately as driven by the actual development of each section of the neighborhood of victory lakes so everybody when they sign their for their house they have a finite amount that pit cannot be changed unless there's a public hearing the vote which is not going to happen so none of those finances are going to change at all okay so I think I hopefully have answered everybody's concerned if anybody else wants anything uncertainly field any further questions so thank you thank you anybody else everybody's Q is working council can use your key work and I saw Andrew down there actually my computer crashed and so he provided me with another computer however I believe we're still in the only sort of public you know so we're in the debate session of the of the actual motion absolutely what is on the county tax assessor I guess my question is the base property value that we're considering here that's what that's what's going to be frozen and then and that establishes the basis for the zone what is the current value of that property yes sir unless maybe one day is David W Hawes 16-18 Greenleaf oaks dr Sugarland Texas 77 479 I'm David Hawes's don't administrator and salted the city on the thick perturbs the answer to it is that it's currently valued at several million dollars I don't have the exact amount I can get that for you I don't believe any of us an advil Union if it were a roll back in the base would increase whatever the market value but I don't have a specific now that I can you do that market that yeah you get my thank you very much you hit my main question was if it has the AG exemption that's going to roll back they're going to pay the last five years of taxes or whatever when you convert a hag exemption into na nag exemption now you know if they start development they've converted to commercial development two years at Rell's back by the girls across the base year so that is your value jumps up so the city gets the benefit of that increase in market belly so you're protected they're great and what is what's the timeline that we're talking about next year next year yes sir okay because I know the traffic is getting unbelievably ain't terrible out there people are backing up all the way on 646 to the county building and Beyond and then that's the importance of this is providing the off-ramps egress and ingress off the port by the off-ramp and then I'm providing that package wrote about Walker to continue at 6.6 to 45 which will help alleviate that track so it should help to some way I know 646 going to be expanded expansions going to start a couple years but this is going to start about a year so that should help even further alleviate the traffic out there and okay great thank you very much emotion on the floor by Councilman barber to approve second secondary by Councilman combs if there's no further debate on this issue please vote for is unanimous motion passes we now move to item 5c considering take action on the approval of an ordinance approving the first amendment to the project and financing plan for tax and vet tax increment reinvestment as own number to dismember move to group counseling offers made a motion to approve councilman cones the second of that motion is now open for debate hearing none please vote for is unanimous motion passes item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in the property or business located within the city or their attorneys the statement of no more than three minutes may be made on items general relevance thinking there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers first citizen is Kathy Bradley I'm Kathy Bradley i live at 501 North Sarah deal in Webster Texas I'm also a volunteer for the city of zebra and I came here to invite you all to participate in the Bay Area fitness challenge what I'm scared I'll go be sure what this does is give you the opportunity to market your city more than what you already have mayor Collins that he could get this done for everybody from houston chronicle we're going to have a 5k Fun Run which see brooke has already named to the pumpkin pudding fun run so people can dress up in halloween it will be october 26 27 28 the 2007 then we're going to have fun with city council we're going to have a fitness challenge among the City Council's they're going to be 12 cities that have 12 cities that have been invited we're going to have things like a ping-pong tournament dumping apples egg race and the mayor of clear lake shores there's anyone over 50 gets the label and with its arm wrestling between the policemen and the firemen I made the suggestion of a tug-of-war over a mud hole or water hole it's just fun and all proceeds will be going to charity so far kima and clear lake shores have committed to this and you're the third sitting I've come to and by well thank you very much for inviting me if you will leave us some information if you very good I'm sure that we would probably be interested in that I and for the record our council was fun no matter where they go we will show up and be the show just just for showing up thank you thank you thank you and our next our next citizen is Kathy Weiss call okay Kathy why scott and i live at 308 velvet here in league city we've been here 39 years I'm a president of the League City Historical Society we're very aware of the beauty of our live oaks in Lake City and how much people notice them at the cobalt three how they set the tone for our city and we've been concerned about building grassroots support for preserving room and prepare me more so that we can keep having a low blow so we are obtained a grant plan Texas Forest Service to create a registry of live oaks and we've been working on this for two years now and we have almost 300 folks registry anyone who has a live oak in their yard and listen league city can contact us will register their oath if it's more than just a sapling looks about a Master Naturalist to measure it according to the stands of standards of the American tree registry and that way you can know how it stands up in Phoenix points on a national standard now one of the things that we're doing here is that we've paid their calendar last year we gave your copy by calendar this year it's bigger and better we have pictures of we've had a somewhat platensis Forest Service come down and take professional pictures this these are pictures Cara one point the city club and we have there's one here from going to pre house over on Dallas treat the moonshine oak is in here where the moonshine was made back in nineteen in the 1930s when we showed it to one of the old-timers we said is it really true what we heard is as cheese I wonder if that's concrete slab is still under it where they used to put still come that's a very beautiful calendar we'd like to give one to each of you and to the man and we also like to sell the citizens of big city that they are welcome to contact us to purchase one are they are twelve dollars each 350 thirty dollars and the first been selling these we were use to print a registry book which is lists all the trees that are registered and their sizes and and so people we would have that book so I like this time to give each of you one of these colonies and first and the way to contact us is the car 28 1332 6636 joannesharpe or 28 1554 299 forth and that's our West Bay common school children's museum Thank You Kathy okay our next speaker will be Lori Henry good evening mr. mayor members of City Council and staff and fellow citizens I'm Lori embrace chairman of the league fee senior citizens advisory board and I'd like to come to you tonight to present a report of the progress we've made this year since I talked to you in January first I'd like to thank you for your support and your initial allocation of a thousand dollars less January which was vital to the start of our program we hosted a huge kick off dinner in late January and we had over 300 people in attendance we were also able to start our first Thursday programs with adequate lunches and provide up for all of our startup costs every Thursday last februari we start offering our daily program or our Thursday programs all seniors from 9am to 3pm with various activities such as car games dominoes tap dancing line dancing exercise guest speakers and bingo we then enlisted in the Galveston County hot meal program which now provides huge trays of food directly to the rec center every Thursday and it only costs each senior one dollar over the summer we expanded our program to include a dance once a month which is not only attracted our seniors but those from Pasadena Alvin clear lake and friends with the dance was held every month august through november and featured a live band refreshments door prizes and a raffle we hope to continue these dances through community sponsorship and increased involvement of our league city seniors our next dance is scheduled for Tuesday februari 13th just before Valentine's Day and is open to all ages this time it's going to be a soft cup so polish up your 50s jitterbug and come on out and join us in the fall we join with the library outreach program and adding our movies at the library with refreshments every Tuesday afternoon and thanks to our community block development grant money awarded to the seniors program we were able to start paying our volunteer instructors our dance and exercise instructors to provide a more reliable continuous program of activities for the seniors we've also added ceramics floral painting and numerous other activities to the Thursday afternoon by far one of our biggest successes was our thing giving meal in which we had over sixty three seniors bring a dish and share a wonderful lunch together we have lots of exciting activities for this month a bell choir concert this thursday at Christmas floral class a senior skip takane chand a Christmas hula show so please feel free to drop in any Thursday for lunch or just to visit and lastly I want to thank each and every one of you for your continued belief and support in our program and would thank mr. Nelson pretty in particular for his generous gift and we look forward to the hiring of a senior's program coordinator and our new budget which will cover our newsletter expenses our recreational supplies and the expansion of our program now to Tuesday's in 2007 so please tell any seniors to know that you know to come and join the fun and join us on thursdays and tuesdays starting in February so thank you thank you Lord for your commitment to that program because I know it's a you in in Elena Balderas and Bonnie schoelkopf it basically just taking that thing from the ashes and risen and it's just a wonderful program and thank you so much for your effort that concludes number six we are right now in item number seven which is the consent agenda the staff has asked that we pull 7h and 7i so the consent agenda will be seven a layer I'd like to pull for discussion b c and g v like boise like cat do i go right yes okay and anybody else want to pull anything on the consent which is 7a through seven s okay we currently have h and I school permanently and we have B C and G pulled for discussion by Councilman kini if we'd get emotional the remaining items salute okay I'm sorry was it comin council mccomas made the motion to approve the remainder of the consent agenda second of our councilman Ted Nelson any discussion on this please vote or is unanimous motion passes we will now go back to 7d consider take action on the request for consent to encroach on to city right away mayor make a motion to approve councilman keys made the motion to approve I can second about Councilman Jim Nelson this item is now open for discussion council makini I guess I just wanted to ask staff from I know there's going to be some major improvements out in that area with and down Calder let me get to my map one second if you'll bear with me okay any further discussion on this issue just a second there I'm getting to my map if you'll bear with me hey thank you have we have we looked at the future of what's going to happen in that area and just determine that it's definitely when I cause any problems with it collar road and also any of the improvements that are going to be occurring in the near future along that area that's correct we've looked at it and this this gets the the petitioner the ability to his own sewer one weight but in the city system the requirement be for him to abandon his and connect in two hours thank you very okay commotion on the floor by council makini to approve seconded by Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes 7c consider take action on the approval of real property exchange agreement between the city of League City and San boy DBA Sam Boyd develops moved to approve council mccomas made the motion to approve and seconded by Councilman Jim Nelson decided is now open for debate councilman kini I just wanted to make sure that I was talking to the city attorney and he was discussing the possible need to include some language in here regarding deed of trust mr. if the city attorney could probably elaborate on what was a skosh I've talked about Larry Hubert on this issue and my concern is that that prior to the documentation being executed ding property that abstract probably done to certain it was no liens on one point three three acres before city filled fire department fire station let's go I just wanted that to be brought out into the discussion ok can you further discussion motional floors by Councilman comes to approve second about Councilman Jim Nelson if there's no further debate on this issue please vote for is unanimous motion passes item 7 g consider take action on a donation of 11.03 acres of land from sam boyd development for hidden lakes to fulfill the requirements of the planned unit development and park warner's mayor I'm going to make a motion to approve this contingent on our ability to donate it to the school district another alkene and excuse me and without the claws and the deed that requires us to also then set aside additional land for part second from discussion ok council makini has made the motion to approve this contingent on us being able to read them to turn around and donate this land to CCISD and what was the second one John and I wanted to strike the language in the agreement that require that if we did that that we would also then have to dedicate other parkland so boys ok and Councilman cones has seconded that item for discussion so this item is now open for debate council makini this point information real quick if you don't mind is there any way we can get somebody to pull up a map on the screen so that people can look at this while we're discussing it Larry to our is that is that we had to take very long if anybody has her disc that the joint says she hasn't Joanne has right there miss Sharpe actually well join is very good about reading her miss sharp as well thank you Theon sorry mr. king LeBron thank you okay council makini had before okay if chin would kind of outline the area that we're discussing and route in relationship to the school side okay my concern with this was our parks requirements one of the things is that it has to have easy access to streets I mean this is supposed to be a regional park and you've got gum by you on the west side there that is that blue line that's kind of heading north south on the north side you have the school and it's it's it's not very good for a regional park no access and so the reason I made the motion the way I did was I think it could be I do not want to have to maintain land we just approved a several hundred thousand dollar contract to for cutting grass in the city this is a part that we cannot access and I personally don't think citizens should have to pay to cut the grass on that but what I would like to do is I'd like to see that deed it over to the school district however that's not the agreement that we have in front of us the agreement that we have in front of us allows us to give that to school district but if we do and we've got to acquire more land for a park and that's the part that I want struck from this agreement if we could and I don't know mr. my setting up to discuss it and if he wants I've certainly welcome your comments mr. Boyd I mean I know what you're trying to do in the PUD it said we required that we required you to give us 11 acres now I'm not this is a 2006 drawing so i'm not sure if when this land came about as being the land that you want to dedicate but I don't have the 2004 I tried to get a copy of the 2004 PUD documents I haven't been able to get them and so I wasn't sure when this came about is that this particular piece of property was the part that we wanted and also I don't believe that this has been through the parks board but as far as them my name is sam boyd councilman kini to answer a couple of your questions that have been for the park board and received unanimous approval the answer to your second question regarding the location of it to give you a little bit of a history because it does get a little bit confusing there were discussions between the city of league city and the school district and the whole idea in the tent was the school district and and the city were going to cooperate because the school's plan they're very early planned and that's always subject to change was to have a high school junior high and elementary there and in addition to have somewhere between 60 and 70 acres of amenities tennis courts baseball fields track fields and what the city and the school I think historically have done and what their intent was to do with this land our plan was to the city always like in the school enjoyed like having a park a public park next to the school located next to school grounds and properties so that they could kind of use the same together and the school has stated that their attitude is since those of us as taxpayers who are paying for the school and the amenities they should be allowed to use those amenities on weekends or after hours and coordinating those amenities that the school's going to put in with the city park was the whole intent of this to begin with so not knowing where exactly what the layout was going to be of the school situation or schools and the amenity part part of the school's right we decided that we would lay this track in there like that and the whole intent was and is that the school and the city would probably do some swapping out of land okay to reconfigure that strip that's now dedicated dedicating as a park and maybe it would be half of it would be in a different direction it would be reconfigured to conform and be adjacent to the amenity part of the school improvements so that was the intent of a deed in the language in there was not it was simply this that the school in the city would do a swap out and there would be a reconfiguration and the language in the deed allowed that to reconfigure the parkland as the city in the school see fit and not to not to have the city code be required to acquire some additional land but that any reconfiguration would be adjoining that school property okay let me ask you a question if in for let's say we agreed to the deed exactly how the agreement the conveyance exactly how it had is tonight and let's say that we go ahead and arrange within I'm all for the school district having that piece of land there but and so let's say we essentially swap as you said that people in for another piece of land the school district has and let's say that joining right in that area over there from people and let's and let's say this the we don't build anything on it for four years well the current language in there says everything reverts back to you and that's what I'm striking tonight I'm not striking trying to come to it any agreement with the school district on some kind of joint use facility what I'm trying to do is for one thing make sure that what is what we want as a school district and a city coming to an agreement doesn't fall apart in four years because that could happen according to the current language well originally the language in the deed was there was a two year limit on and after speaking to several individuals Jack Murphy being one of them Jack reminded me and I agree with them that that sometimes it does take you know a little more time than you anticipate to get arrangements made like that so we double the time from two years to four years at the advice of the city one of the reasons that I think that it will get done by that date is because in speaking to dr. mossman and I hope I'm not speaking out loud she indicated that they're going their plans are to do a bond issue in May in spring of 072 to build two of the three schools still Terry so with that in mind I think things are going to probably progress fairly quickly they're going to obviously want to move pretty quickly to stay ahead of the growth curve with those new schools so I would say within even by that time they're going to probably have their master plan done if they don't already are they're going to have it tweaked so I would say back in 07 it would be very simple to sit down and come to an agreement on and it may be that the parkland there now might be half of it would stay where it is and the other half just kind of folds over to double the size of it but whatever configuration the intent was let me go back just a little bit more in history how are they how are they going to get to that park well the school I'm going to put I'm going to build a bridge across gum by you and then I'm also going to extend Lawrence Road or loose 96 through that commercial okay to tie into the school track okay and so i will have roads tied in from 96 that i'll put in and also i'm going to a bridge with pedestrian crossing so students can walk and ride their bicycles to school all right we'll connect with South Shore Boulevard and that's part of the master plan of League City that were fine under connect to understand that the connectivity are you going to provide a parking lot for let's say somebody from across 96 to if they want to utilize that part are you going to provide a parking lot no for them this rule is going to put their their roads in to connect not only two hidden lakes subdivision but also to marbella so that students can drive and get to school to and fro without getting out on the highway if they so desire and here's one here's my concern there's a lot of things we have to work out with the school district we have to work out parking because when we develop a park don't wear some gin don't we have to provide parking spaces and that sort of thing what about but what about restrooms every time i've been in some some parks ever restrooms some dollars you have to have an accessibility to the park and the only way we have accessibility is probably have a joint effort with school district maybe using their parking lot is a public facility right and so we there are other things that we're going to have to work out with the school district I don't know how long that's going to take that's the reason I would like to take out and strike the requirement of the time period that is in this agreement and that's what my motion has hopefully done the night councilman kini if I could make one statement originally when my PUD was approved I was not required back then I could it be I had a choice of India to dedicate 11 acres of park or pay the two hundred dollars per lot part fee it was either or it was my choice at the time I decided to do both so I was not required to dedicate this 11 acres of park I chose to do so for one of the main reasons why I chose to do so is because I felt like the area needed apart to service the what I was going to be developing so I don't want to see if it sounds like I want to hold everybody's feet to the fire I do it's self-serving I want to see a park out there and what I really want to see is part in conjunction with the school's amenity park so that it ends up being a very well-planned regional park we're talking you know the school 60 or 70 acres plus it's 11 that's a big part and that's what i want to see to service as part of the overall master plan for the communities that I've been developing and I'm going to be developing so I agree I like that's what I think you could do that I don't want so I don't want this to lag on and lag on and maybe all the faces if I'm still here and all the faces have changed and everyone else has gone I don't have to deal with someone new that may not be here then say we'll wait a minute we don't have to you know I want to be able to have an agreement with the city where we do have some timelines and I think we've been really generous in talking to the city about and I've also told the city that if they have any trouble setting up meetings with between the school district in the city to court these things on this item I'll be happy to set up the meeting at some place and I'll take I'll take responsibility for getting the two parties together but I can just tell you if both parties want to get this done and answer all three parties when you say both for the city and the school and I certainly want to get it done you're right three parties I just feel honestly mr. Feeny that for years is more than enough time to get this done and I've also told Jack Murphy and other city officials that if we come up to the to that point and it actually does lag on for four years and we come up and we're making progress sure i'll be happy to sit this because i want to accomplish the same goal that did everyone else does i want to see a park there what I don't want to see happen is and again this sounds a little self-serving I've dedicated 11 acres of land that's very valuable land from a monetary standpoint and I did it with the sole purpose of wanting to have a regional park there and and I want to see that happen so if I'm you know believing the point of wanting to have a timeline set I do because if we leave it open maybe all of y'all won't be here but I'll still be here have to do battle with that so leaving it open ended I may never get a part there and that's the reason I the question was also asked to me by one of the Park officials is could we accept his 11 acres and and dedicate this 11 acres or sell it to the school or give it to the school and then go build a park somewhere else in the city and I said well no I mean the whole reason why I dedicated is 11 acres when I didn't have to is to have the park there because we don't have very far to learn that first time I need the i guess the city attorney to clarify does its stipulate in here or specify that the land that swapped if we if we do swap something with the school district does it have to be this this land that the school district owns does it specify that the special warranty deed states that the city has two conditions or conditions one or the other the first that the city hasn't used as a public park the second condition is its to or condition as separate condition is that if the land is conveyed to declared creek independent school district within the four years that's given to the city in exchange for a similar-sized tract of land 135 acres okay then that alternate property that the city receives from the school district has to be used at a park the alternate property would be the property that school district gives to the city and suave the plain reading of this is that if the city fell to use the alternate property receives from the school district as a part in the land we give to the school district reverts back to mr. boy so that would be the school districts of decision on how they want to handle that type of transaction I wouldn't want to speculate on how they would handle it but there may be dueling inverter clauses were about we felt used to get the profit they gave to the city and they have to get the property the original 11-8 respect mr. Boyd and we have to conduct our property back to the school district so that that's I just want to clarify that no okay mr. Polanco did he looked at this and he worked with my attorney on it no made revisions to it and he did he was okay with this okay I'd like to ask mrs. sharp as a board member of the parking partment a couple of questions if I could if she wouldn't mind Mr Kenny if I could say that the parks board MP + Z approved this piece land and the reason that the parts court approved it is that mr. Boyd has met all the park was requirements he has not only paid the part edification fees of 200 per lot but he has also created the H way parks in the HOA the park needs so this 11 acres is just additional lane okay um thank you very much miss sharp I guess one question I have is when this came before the parks board is this which you understood that the action of the parks board was taking that day we were asked to approve the nice a rule for the addition of 75 acres I have my staff report with me we did not have a discussion about the location of this park the contiguous miss to the school property the parse board in the past has taken some land that has not been so usable and we have sort of decided and whether that applies to this or not as a matter of opinion but we have sort of decided we're not trying not to do that anymore so whether we would have thought this trip being landlocked was a problem without the school we did not discuss this he has met all these other things according to hartsville but the location of this this situation we did not okay thank you very much councilman barber thank you is there a way to get that back up there because i want to ask mr. boy a question thank you for bringing it by the way Shawn thanks mr. Boyd if you earlier you mentioned about some of the roads that you plan to build but you were kind of just pointing toward the screen i was wonder if you could actually point to the diagram on the overhead with your regarding the road yeah because I I had that same very concern especially if you know how people going to get to it and if we're taking that you know initially as a as our LAN this road right here I'm going to build this road off of 96 which will be an extension of Lawrence Road across highway 96 and then I'm also going to build a bridge over the gun value to connect this road that will be built that will connect the south shore boulevard south shore boulevards already in and it's dedicated to the city the city now you know that owns that that right way the school then we'll put their interior roads in to connect over to marbella and over to they're going to have to put these roads in any way to connect whether the elementary is up here junior high here or high school or in reverse they're still going to have to a road in here to connect all three schools so everyone can ask him and the idea was in the idea was as I said before and I I respectfully differ opinion on the issue of whether this was discussed the locale of this parkland it was discussed mr. Randy Riley was there representing me if a park board meeting and we did discuss the location of this we discussed the ask me it was in the floodplain which is not they asked we talked about access and we talked about the same thing that we're talking about here tonight that the whole idea was to do coordinate this parkland and there would more than likely be a swap or a reconfiguration of that to tie into the school part but this will be connected it might be that the park land is in this area over here in this corner but the school is going to want to connect that because it's going to be connected any way to their a manatee park okay dressed now school now given all that because one thing I think I'm reading into the the motion with stipulations this is more for you than I probably come back to you depending on the sensor one of the stipulations was that we are able to dedicate it to the school had that first thing you had two different things because I this is really important for me my main concern is that that we are not constrained by time now that was the second was approval contingent on us being able to donate it to CC is being able to see because I like where you're going with that because you've brought up exactly the same thing I was going to bring up I was second on the cube but here's here's the thing and I want you if you want to further quite fun the thing is okay so we're able to what if they don't accept it for whatever reason what if they don't even pass their bonds and I mean so then we're left with you know an area that's all that we've already taken deep for foreign dedicated as parkland if we vote YES tonight standing right if we vote yes tonight we have that piece of land and it's ours and it's dedicated park so we can't even change it to use without going through a process right is that correct but that's still free land so I mean we understand it the deed says two things even number one that the city will use it as a public park our number two and it's an option you got either or you can swap land with the school or reconfigure this they're kind of swap at the school so that as long as that 11 acres whatever you swap for is contiguous in this area right here you know so that it's part of the area of the school I think I understand that and again if we just based on the wording of this item and everything are we accepting it tonight originally as part you're accepting that subjects of your Roberta conditions which is if you fail to use it he fell to swap the land with school district at the four years did a fifth year you fell the use of love makers as a park he reverts back to mr. point actually we're not doing that because i changed the m emotion i altered at them well do coffee if you offer the words of the born today then this deed will not take effect and we'd have to go back to the drawing board in English boys here's why I wanted to do well the other boy could agree to it tonight we still would have to draft the warranty d and I would prefer that i would recommend that we aren't Chinese language in a warranty deed that we bring it back to Council next meeting so it could be properly done oh god of war actually I dare the floor and I do want to say this before you go into that because here's my deal why why this meeting right now the school district we have met with them about the specific use they haven't had the bond that presumably would be able to finance everything you're hoping they will be able to do wine tonight why do we need to do this what does this mean to you tonight I don't care when we do it because it was yeah I just like to do it I wanted to do it before the end of the year so that we can just get it's just year of in business I'd like to take care of this this is something that I agreed to do a couple of years ago and it's been you know it's now time to do it now the only reason I want to make this perfectly clear if it doesn't become a part I want that stipulation in there because I didn't have to give this 11 acres to the city if the city wants this land and they're going to accept it I wanted to be used as a city park it's just that simple that's all and it revert back to me okay and I mean I can't really use it for anything now so what I would end up doing is probably just giving it to the school but what I want is what I stated and we tried we gone over this for weeks with Arnold pelant and you know we have this resolved to wherever one would comfort with but I understand your concerns here and I can only tell you from a time standpoint mr. Keeney I am motivated to make sure that the school and the city get together on this and I've spoken to dr. mossman about this as recent as a week ago and she said bring it on let's get this done because it's going to begin to the whole area well before I give up for just my last statements I don't see any reason why we should do that tonight plain and simple eat I think there's still more stuff we need to do before we do this yeah actually i think i'm gonna bid my motion to table decided well I'll second that the second currently on the floor excuse me is by Councilman cone so councilman kini is going to make a motion to table the item councilman codes that you want to second the table or do you want to yield and let councilman barber second it oh you okay so the new motion on the floor is to table the item by council makini and it is seconded now by Councilman barber the item 22 table is now I'm going to clear the queue and we will now vote not yet we're going to vote it one home well yeah you know what I'm not going to do that because councilman keenya if you want to table it if you want to change your motion I'm going to allow you to do that but only when you have the floor right now councilman barber has the floor and when you yield councilman Sanborn is next councilman tad Nelson is next and then councilman Sanderson was next and then you're in for so if you want a table at that point i'll let i'm going to go ahead and let the debate continue i believe i can change at any time may change my motion however i know there are other people that would like to discuss this issue and so therefore i will withdraw my amended motion and let the original motion stay long enough for the discussion to occur councilman bob are you ready for the few new things are happening all the time that I'm finished discussion for now okay Councilwoman Sanborn my questions are kin if you could come up under a question issue for you I know that you were responsible according to this for putting it on the agenda and the staff recommends approval but as director of parks and cultural service what is your position on this land and do you think that we could meet the four-year requirement when I first met with mr. Boyd when I looked at this particular track the dimensions of this particular track you're looking at 200 foot width and 2400 link and I think the limits us as far as well we could put onto this particular part I'm not interested you know I don't think we're interested in HOA park I think we're looking at a community or regional park so does dimensions don't really lead us towards that direction but mr. Boyd did fulfill his requirements as far as Park ponents and I hate to say this is free land there's no such thing as free land but this is something that he's given to the city to hope that we can work out with the scooter drink to come together and build a regional or community park but if that doesn't work out it goes back to mr. Boyd and the city really hasn't lost anything and if we do work that out with a school district how much would you say to get a usable part for it depends on where Kyle amenities we would like to put on there and then Stefan have to go back and look at the cost but right now it's the way it is that 200 foot with and 2400 length they're drunk they're only some certain things you can do with that thank you yes sir councilman's had no [ __ ] about a few things how many acres I mean I just wanna explain everybody what's really going on it how many acres of property is the school district have 130 they have a hundred thirty and that's this mystery has 11 that just happened to be behind it what he's trying to accomplish is to put the school district in the to a place where they have a hundred and twenty-one acres and then they can put their park wherever they want that's what I'm asking Perry people talking about how bad this area is for part that's not the point their property will extend all the way to the end of the mr. Boyd's property they can have parking lot back there they can have a baseball field they put that park anywhere they want on that that place and if they're going to have three schools I can promise you every acre that they have additional benefits the school district there's little doubt about that I've talked with dr. Boston about that I mean this is a win-win for everybody and you know I guess we can say yeah we had to fit a little park on a sliver of 200 x 2400 nobody has said that correct okay that's not as a matter of fact I'd be willing to bet a dime to a donut that would never happen what they'll do is extend their property and then put their park elsewhere on that property and it'll be perfect it will be great mr. Boyd will get the park that he wants CCISD will get 11 acres free and everybody would be happy and if it doesn't work out he gets a piece of garbage land back do anything on that's what's going to happen so I'm voting for today I think it's a smart thing we should have done it last year despite our problems mr. Boyd councilman Sanderson I really think this is kind of a no-brainer mr. Boyd has met his financial obligation to contribute two hundred dollars per lot he doesn't have to give us this land at all it seems real clear to me that what's going on is he's giving the city this land saying please use it as a park no one has any realistic intention that we're going to build a park on that narrow strip of land on the other side of the school districts property he's giving it to us so that we can go to CCISD and trade with them to put a park in a better located spot on their attractive land and in looking at the deed we don't even have to trade 11.03 for 11.03 acres just as we can trade a similarly sized tract of land so maybe they want to give us eight acres instead of 11 and we can put a regional park there right yes I mean there's no downside to this for the city whatsoever is there he's giving us land that he's not obligated to give us and if we don't use it to enhance the beauty of that area by putting in a regional park he gets it back pending agreement between the school district innocent okay now mr. Nelson mentioned increasing the size of the CIA's link we can't actually donate it to ccisd right we have to trade it in my mic park mr. turn well the I'm just addressing the day to dig the reflexive tarantula it's okay so so either way you use it after four years we used as parkland are we trade it with the school district swap it out the school district we can't just per se donated to the city or to excuse me to the two ccisd with to trade it for well I guess you could donate it to ccisd they don't use it for Clark is going to revert back to mr. boy right we donated to CCSD they have to build a league city park or does it have to be you know I'm a little bit confused about whether it just has to be public park or the city park I mean if there's a difference i guess if the the way it's worded there's two conditions this is used as a public park uses public park by the city are swapped out with the school district now if we were to the city were just to donate it straight out to the school district that could be considered possibly a violation of the steve unless he waived that requirement in the in the school district start using it as park if the school district failed to use it as park certainly this lead requires it to be reverted I unless I've been further resourcing a memorandum cuz my initial thoughts on so so it could be a park at CCISD as long as they say this is a park that we're putting in place because of the 11 acres that was was you know donated by the city of League City that was donated by mr. boy well that would be the CC is DS understand with mr. boy they would have to clear that with mr. boy if the city was going to donate the property without no swap to ccisd then in Bethesda ccisd to reach under state of mr. Boyd on this warranty long as its public park it's okay with you I'm asteroid I think it's great i'm voting for it council makini you know it disturbs me that we keep talking about as long as ccisd does that as long as ccisd agrees to this if CCISD will fund to maintain and improve a public park so you're asking now if you want to consider your your thought process you're asking now ccisd to maintain a public park you're asking CCISD to improve a public park and that's not their responsibility that's not CC is DS job to maintain and improve public farts now would they do that I don't know why don't we try to figure out and talk to them first before we start entering into agreements where we're saying this will work if ccisd does that let's talk to ccisd I don't know if mr. Boyd has I mean I know he has a time frame of I guess cleaning house at the end of the year and he'd like to get this taken care of but is there anything wrong with let's talk to ccisd since obviously we're all hoping we've all agreed that that 10 acres up there is not usable as a park the way it's configured it's not usable and that's agreed up here however what I don't see is an agreement of what is going to happen and I think that that's what we start need to start working out before we start entering into other agreements and that's and that just makes sense now there is nothing free this may appear to be free land but if we don't do anything and we're not able to come to an agreement and that schools not going to be built a high school takes something like 30 months to be built so first of all the schools not going to be built for almost three years we're going to have to maintain that we just approve the multi hundred thousands hundreds of thousands of dollars to cut grass in the city and that's the taxpayers expense I would like to make sure that we can work something out with CCISD before we encumber our citizens with maintenance costs on land that's not usable it's certainly not usable current configuration the attorney needs to speak before new one council member sindelle someone forgot the address sir there would have to be the research on the issue of we're not sitting and give away property for free yeah which other I think we've had three something some quantum meruit something back in value it may not be landed at be something else so that'd be another issue that you'd Oprah would have to overcome before you could dedicate land to the school district either way that you're reading of the deed is the context of nature of it is leaning towards a land swap with the school that's correct thank you yes ma'am our staff report said was about City Council required to develop dedicate councilman barber actually she just said one of the things I just heard a few moments ago that wasn't required I think that's an incorrect statement because i think what maybe what was meant was that it was required by the parks dedication ordinance at that time and yet others as i understand a negotiated document when we grant one we can ask for whatever we want that they agree to and we agree to it and we pass it so now it is required that 11 acres is required now okay so during during the time between now if we took it tonight and at some point is a given away or or not developed a reverts in that time we are on the hook for the maintenance of it somebody calls us and said the weeds are really high we're on the hood so that the question that not a single person has answered tonight is why should we do that now when so many things that are up in the air and we haven't even had a dialogue with a school district even though it's all well good maybe an individual has but I'm not going to do anything until I see them talking I have a chance to talk with him about it especially in an open forum so I I think it would be irresponsible to pass this tonight nobody's told me why now even you yourself said well no it's not time sensitive just doesn't make sense i got a bad gut feeling on this one Thank You mr. board I want to clarify something about I was not required the city ordinance at the time that this took place did not require me to do both it said either two hundred dollars per lot or 11 acres of land that that needs to be really clarified and that's what the CEO arbitrated time so I agreed to do both Sam last equipment councilman Sam going on with you now CCSD I think covers 12 municipality and I think when we have a council member even mention that so cci SD gets it they build a public park I think that we probably as mr. kitty said should talk to ccisd because I have no idea where the ccic funds particularly bond funds can be used to build a public park so I think when when we start discussing what cc is will do and how they'll do it and if they'll build a park and if they'll maintain it particularly a public city park that that we need to be real careful about that mrs. Sanborn it's my understanding the intent was never to get the city or get the school to build this part the intent was to coordinate the configuration of this park land with the school and it's like councilman Nelson said it's going to end up being all kind of together you know used by the park by the school and whatever you know the city and the school agree on on a configuration of the part that particular winter and you may end up with eight inches or whatever it is that's why we didn't limit it and say it had to be 11 acres it's whatever everybody ends up being comfortable with but the intent is that the school is not going to build this part the city will be that responsible but i have seen in the past CCISD or i should say the city and ccisd not exactly see eye to eye and and that could happen if you don't have an agreement not you that could happen if we don't have an agreement well to have an agreement now this could go on for a long period of time that's why i left is we double the time from two years to four years to say that you can get an agreement now it won't happen because the school doesn't know exactly where everything is going to go but in a four-year period of time that is more than ample time to sit down with the school and and maybe the history has been that you know there hasn't been as much cooperation between the two entities but i would suggest that you need to because they're interconnected we all know and i would agree the growth i'm here developing because the city is a wonderful place one of the reasons it's a wonderful place is because of the excellent schools in this area i would not be developing here if it were not for Clear Creek High Speed they are just they attract people to this air so I can just assure you that if if my help is needed I offer my help to put the two parties together and to be involved in any way that I can but I can tell you that after speaking to both parties I can tell you from my standpoint both parties are willing to do that sit down together mr. Boyd could we put something in the in the d like for instance what's ground is broken you have four years to build a park assuming that the bond is going to pass you know we hope that happens so we can can get these schools but couldn't instead of the four years starting so quickly because if the schools aren't there we're not going to have to park there you know access to the park roads to the park and all of that could that be changed in some way well we can change anything and y'all I mean y'all just do whatever I mean I will abide by whatever this council wants to do I want to see a nice regional park there and just you know we can sit here and play what if I mean what if these girls aren't built but what I mean what if a truck hits us all tomorrow I mean the fact is there are going to be probably seven thousand plus new homes built in that corridor from 272 146 from 96 down to 646 just the stuff I'm developing is going to for 22 million homes well the school doesn't have a choice if they're going to stay ahead of the growth curve I mean we all know that they have to build those schools and they have to build them quickly they need that elementary in high school now so I mean we could sit here and say well what if it doesn't happen I think the citizens of this this town in this city and the school districts are smart enough to realize that it's necessary it's what it's what creates this great atmosphere down here and I don't disagree with that at all my point on the what EF or if we could add it in there that once grounds broken on the school that we have four years to build that Park or within four years we built that Park I mean I I think that that's to me that's a simple I not a simple compromise but it's a good compromise how about if we said four years from the time of their bond a successful election well hold on this hold for a second because attorney has already advised us of changing a warranty deed on the fly we I think that's where we all get in trouble sometimes I mean if they do a bond election visit San born in the spring that's only what five and a half months away six months away that's still going to leave three and a half years you know to get things rolling it's where we all want to be I just want to see a nice park Thank You mr. Boyd mayor sam i said one or two questions there counselor cones yeah how's Raquel but I think we're beating this one real late in the night here just one quick question we need their need to either postpone it move on get off of it or pass it tonight can you give this land to the school district could I yes you could have given this land to the school district and not come up here tonight probably so I understand that but the point is is that we got 11 acres of land I think we can work out with the school district and find a different location Mary I just have one question for you is this 11 acres required I do remember that mr. Boyd was back in the time of the two hundred dollars / / / lot do we know that for a fact or not I think that's a big question here if nothing else happens and it reverts back to you but it's 11 acres of park lane that I think the city ought to consider Councilman Jim Nelson wall sir the way I see this whole thing is that this is unimproved land until something happens out there so it's going to sit there we're not going to have to take care of it until something is developed so what are we arguing about cutting grass it's not even I don't understand what's going on here I think we need to pass this tonight and move on bouncing a tad Nelson Sam Sam classy one push up mr Barber made a good comment um you have a putt agreement on this yes sir and in the pedigree thinking part of your agreement was to get the city 11 acres in addition to the 200 hours so you've agreed to do this yes sir and it was it agreed that it was going to be this 11 acres we didn't it not specifically no is this pretty much the only 11 a because you have left that you could give yes so in essence we have a pot agreement with you where we're supposed to take on 11 acres and we get to do that I would hope so sounds to me like we broke here anyway okay so council makini at this time you're going to change your motions that correct the table actually mayor what I would like to do is withdraw my motion okay so you're going to withdraw I'm going to leave for the record your first motion as the first as the only motion which was tension there is no motion on the floor I'm sorry that's that's what he said he's were throwing that a realignment but I'm for Barbara's sake I'm lettin Barbra know that the motion that is being withdrawn was the motion to approve contingent on us giving it to ccisd and to strike the the return if we could not that's being withdrawn so council cones it's your second now do you have any mirror go ahead and make a motion to postpone it indefinitely two against more answers okay council McCombs has made a motion to postpone indefinitely seconded by counseling barber is there any further debate on this hang on please vote actually we're ahead the queue I'm sorry and I would just like to a long hold on hit the cue for me because tad one can also go ahead counseling kini actually I would just like to say that as mr. Cohen suggested that we should act quickly get with the school district and and I think we can come up with a very workable situation where we create a park on the somewhere on the outside of that hundred and thirty-five acres that's that's going to be great but I think we just need to do it I've looked forward to it and I'm just wondering if you're going to take the lead on that are you talking to you sir oh absolutely you bet you okay so emotional for of councilman sadness I just want to ask that they can help me out or the attorney I just going to know what our responsibility or liability as for that matter when we make an agreement with somebody in a puddle and it's clear when you look at the land that they have there are only 11 exists in acres and we don't take possession of them like the putt agreement says I just want to know legally if that causes a problem down the line somebody could look that up for me and also if you don't mind throwing up email me wearing the putt agreement it shows that we took that we were supposed to take the 11 acres I just kind of like to look it up myself thank you very much I'm meeting with dr. mossman on Thursday on another another related items so I mentioned it to her as well counseling can hear you back on the q no okay very good with no further debate please vote on the motion to postpone mayor just for clarification who seconded by Councillor barber head thank you for counseling barber columns Keaney and Phyllis and born opposed counseling Jim Nelson Ted Nelson and Chris Anderson motion to postpone passes item number of a reports from staff member tonight but like to introduce engine and it's Kenneth Baker he's the manager of information systems area so we're glad that he took the time to join us here tonight thank you welcome to ward councilman anything else first okay item number nine old business from the Supplemental agenda 9a consider take action on authorizing the mayor to execute an interlocal agreement with Galveston County Texas for joint funding for state highway 96 improvements and authorizing the expenditure there to would approve sorry councilman Ted Nelson made a motion to approve second by Councilman Jim Nelson this item is now open for debate council makini I guess you know I've worked pretty hard to bring this forward and I missed but one of my questions is the authorizing the expenditure there too what that what is the implicate what does that mean I mean I when I read it it says we're authorizing the expenditures what what expenditures and how much are we talking about how how's the city going to come up with that money I'm just wondering why we needed to put that additional text in this motion yet he recommend to me I'm asking the city authority unless you know where actually Chris Reda and I both are aware within the last state highway task 96 Task Force which at this point I'd like to thank very much the citizens that participated in that it included txdot Galveston County fact Council kini I thought you were actually there anyway I called the meetings okay start oh absolutely ok so I don't know how we miss this but this was where the we're going to piggyback on txdot on Galveston county's agreement with text dog we have to find Chris what is it three million 3l 3 3.5 million and this is simply instead of us writing a check this is what TxDOT will use that we have ratified and agreed to pay we just don't have to pay today okay so really this additional language here really is kind of redundant because if we execute the local agreement for junk joint funding I guess where are we in that motion were authorizing the expenditures so I just I was wondering why we you know but I see redundant language I try to figure out why is it redundant but it just sounds like it's redundant because the joint agreement interlocal agreement already has the amounts in there any further discussion on this issue I would like to bring something on there if everybody would go to number three towards the end of that paragraph I just wanted to bring the council's attention that it says if upon termination of the advanced funding agreement of a some less than seven million dollars in other words if TxDOT spend some of that money and they give the reimbursement to galveston county will only get fifty percent of what they've gave what they've given Galveston County back so we'll have no recourse with text stopped because this agreement is with the county I just want to bring it to your attention council Macomb Chris if I'm I asked you I just want to make double sure here that after reading the agreement casino we're in there where it states about the unfunded liabilities that we have for change orders like we had on highway 96 I want to make very clear that we're not stuck by agreeing to this for any overtures or expenditures that or above this at this time I don't see it in the language but maybe the attorney can address that I believe that that was addressed and textile has agreed to fund all of the yoga jizz but I wouldn't miss the councilman conscious his right eye and I haven't read through this particular document but it certainly needs to be in writing is that the way you understand it that's correct our contribution in assignments it to the 3.5 million the only downside is like assistance a mystery restated debt if for some reason they do some studies and they decide not to go through it we can't we don't have recourse if we received less than 3.5 billion if we received 3.4 million understand but state highway 96 we were tagged with 8 million dollars overage after sending an agreement that we would we do not have everything over we do not have agreed with text I don't see that issue but that's not the point thank you motion on the floor by Councilman Ted Nelson to approve seconded by Councilman Jim Nelson with no further debate please vote for words an animus motion passes and rusev item 10a we have a number of supplemental barbershop I skip something tolerating can a consider take action on a request from Reverend Edwin bamberg spirit and truth Family Worship Center for variance to ordinance 2006 720 property generally located as six acres out of 76.3 80 acres of stephen f austin survey abstract number three Galveston County Councilman Ted Nelson's made the motion to deny Councilman Jim Nelson the second to that motion is now looking for debate councilman Mike Barbour the notably first I had to dialogue with some staff after our last meeting and by the way I wanted my goal is to make sure that you're able to do this without the additional cost and there was another way that that i thought was proposed and maybe it's still in the works which was that we put in into our ordinance verbiage that for nonprofit agencies such as church whatever that had submitted prior to that fund that we could not have that increase in cost for those i don't know if that didn't i find out that that just wasn't achievable or where we at with that process because to me that's a much better way of handling it and still getting into what you need we did look at that that was one of the items that we discussed and with that you would ultimately have to go back and recalculate your rate study to show the shortage that you'll be estimate the shortage you would have in your capital recovery fund in order to do that okay so that's still so which says it's still in play and still in process or you're looking to see what happens here and i provide something that the staff would recommend that we do at this time okay see and Mary I believe you also explained to me because I was inquiring as well that if even if there was a variance that that had to be paid by the city the way it was explained to me by the city attorney and we sat down with him is that even if there is a variance because the state law requirements on guiding the crfs and CIP issues that that money still has to be paid because you have ultimately when you adopted that great study and your capital recovery fee great you have said to the state this is how much money we need in order to take care of our infrastructure and to take care of the impact on our city's infrastructure and by granting those variances you're now saying I don't necessarily need that state so I still got to put that money in because I told you I needed that but that truly is what the impact it councilman Santa Councilwoman Sanborn Mariette if this was done with the church out over there by the big league dreams and I know that that there's a new church going in on Brittany babe if we did for one would that legally bind us to do for every church that came before us or every nonprofit I mean if you do for one which i happen to be a member of one of the churches of this building don't you have to do in frome that's a great question this you face is if you grant a variance to one nonprofit worth of church or some other nonprofits and if another nonprofit request that same variance you don't give it then you're starting to look at it possible you're treating different classes differently or same class differently in other words whatever you treat one class you have to treat them equally so if you're treating one nonprofit differently from another one that's not a good position via you would open yourself up to other people wanting the same consideration and if you refuse to give it then you may be subjecting yourself today possible claim and Mary we talked about this earlier because I thought I had some questions about this too because I want to be fair and equitable to everybody and you know I'm very excited about your church coming in there you've got a you've got a great site and I know that you're going to bring people in with your ministry but has a has have you ever or have we ever waved the CRF please that since you've been here not since I've been employed with the city city engineer is also shaking his head is never bed that's never been done okay well I Councilwoman again as I was discussing this with Mary because we all you know aggressively looked at this the day after the last council meeting because we all wanted it to happen but it one of the first issues we faced was obviously the YMCA right they'd be knocking on our door under the same circumstance it's just it's just it's middle is unfortunate of things councilman Collins again mayoral disagree with your comments for the simple fact that I think what we're talking about is not waiving the fee for the church but reducing the feedback down to what Kepler recovery fee was prior to joy of the 26th of 2006 in this special situation the Reverend placed the plat to the city back in 2004 to build this church he came before the city took drones and so forth and there were some complications with the site review and they had to go back and redo it and then he came to the city for a building permit at which time he was told that the fees doubled completely doubled I don't think we're looking at giving waivers to the YMCA or given the church a waiver but we're asking to be fair to the people that were in the process a process of capital recovery thieves and that is we're not the leading all of the fees forum were just simply dropping the fees back down to what they were when they were in the process and the process was like they submitted a planning they submitted a klatt to the city and move forward and just was called up in the time period of July the 26 so therefore we're not waiving fees or capital recovery fees or deleting them for the church but only lowering them back down to what it was initially when they started the process but I would also like to read in the local government code chapter or section 395 dot 0 16 the time for assessment and collection of fees it says the political subdivision may assess the impact fees at any time during the development approval and building process except as provided by section 395 0 19 the political subdivision may collect the fees that either the time of record ation recording the the plant of the subdivision plant or connecting to the political subdivision water or sewer system or at the time of the political subdivision issues either the building permit or the certificate of occupancy so it's to me it sounds like that we can collect these things at different times in the process again i'm not stating that we ought to lay these for for anybody especially if they are an impact to the city but i can only tell you that where the church is located Larry do we have water out there now at that location yeah there's so there's water so really the impact is not like running a water line three miles down the road to a strip center or to the church let's say if they were on a vacant road water is in the area so therefore the capital recovery phase and the impact to the city is not what's really displayed in this data sheet showing that the citizens are going to have to pick up the cost which I disagree I I strictly just want to be fair to the process and I've said before that I think anything prior to July the 26 when when a person has brought their plans and their played into this city should be stuck with the the rules and the laws in the ordinance in place that thats and be like us one by a car today and being told that the interest is seven percent and we go back this evening to pick up that car after we made our transaction and then tell us that now the interest is 50% on that loan so I'm just saying we should not waive capital recovery fees for anybody not saying that I'm only stating that we should reduce them down to the impact fees or at the cost that when they first planted their plant and that was in two thousand and thorne and they had complications now the church's is ready to move I think we're doing a disservice by charging this church and only this church the the fees of i think it was fifteen thousand is that correct revered instead of the seven thousand dollars like they were told at the permit process Thank You councilman Sanderson married couple weeks ago we had a a presentation for council from the owner of servel homes and I recall that his complaint was that from the time he had gotten his plat approval to the time that he was going to build in his last phase that the capital recovery fees increased and he was before us asking what would we let him build at the fees fee structure that was in place when he first got his plan approved and we had to vote too did we go to deny that no sir we postponed it it's been postponed okay so I mean so it's a timely issue so the only difference between service requests and this request is that this is a church or a nonprofit organization as opposed to a for profit builder develop the right other than that it's the exact same situation or not it's the fact that this is a non-profit in mr. Issa mr. um Colin Colin mr. Holman that came before us was asking to pay because he'd already built four sections of his subdivision and wanted to build the rest at that same rate and at that time staff told council that there were approximately about 2,000 lots out there that were also in the process of planning or or being developed before council amended the rate so the staff of full some of that information and quite frankly not even considering the commercial properties that are out there we all know that commercial rate is a lot higher for CRF fees than residential we came up with just a quick and dirty 1737 tracts of land that would be impacted or could possibly come back to council and asked to also be allowed to pay at them at the lesser rate prior to council increasing the rate in July and we just wanted to bring that information back to you I believe one of the council members asked if we would pull that information together and we did so if I understand you correctly what you're saying is concern that you have a staff is that if we grant this this request now and allow this applicant to build that the lower fees that were in place when they first submitted their plans that we're going to have to turn around and consider doing the same thing again to mr. Holland or any other applicant who may be in a similar situation where there's been some delay between the time they got their plat approval and time when they're actually ready to permit and build it now that we've increased our fees I can't tell you one hundred percent of these people might show up but I do believe that it I have the professional courtesy to tell Council this information that it is a possibility that you could be faced with additional requests are there lots more people out there who have had five approvals soon as I stated we only looked at the residential portions we didn't pull all of the commercial set asides that are also in the process of being planted developed and have paid at that rate and these CRS and increase from time to time to reflect actual cost to the city right I believe that's correct so these these these increased fees that were discussing these increases in the CRFs that took place recently those reflect actual present-day cost to the city based on the information it came back in the study that the city had the staff to go out for RFP and do it yes sir does so is it fair to say then that if we whether it's this applicant or any other applicant the grant a variance and allow people to to build that at a lesser fee that we are subsidizing their development as a city if you set the Fiat at one rate and then you're going to allow them to pay it at the old rate then somehow yes with the money having to be paid then yes the city is going to be doing that because the difference has to come from somewhere else just have to come from somewhere or else we're running out of deficit to if you recall a few months back when the city adopted zoning and we agree for 90 days that we would allow people to turn in zoning applications at no charge it was at no charge to the applicant but if you recall staff came back and asked for 25 thousand dollars for to pay the cost of that so what we say to as being no cost is really a cost and it has to come from somewhere because we have to pay other providers of those services so if it doesn't come from somewhere else effectively we are creating a deficit for for our city budget per se and that's from mr. Herbert serve as their Director of Public Works all right calcium excuse me councilman barber or all those concerns that you just that councilman saying this image is brought up are exactly the ones that I was also worried about that I mentioned when we visited with you back in November so I guess I really only have a couple more questions just because I'm pulling at straws here trying to find a way to not do what I don't want to do you said it is stated here I think may be our attorney's opinion is the state state law there is no vesting in the payment of crs let me ask you a specific question are you state are you are you suggesting that the state just has an old lab that hasn't called for that or they would not even allow for us to do that and I think there I hope I state that in a way that you understand what I'm asking please replay okay sometimes the state like for instance in property zoning they the state passed a statute that called for investing in September first 2005 now I don't know if you're telling us that the state hasn't done similar thing for vesting and CRFs or if you're telling that the state prohibits the city from having our own ordinances that call for vesting on something like a CRF alassane vision sainik chapter 3 95 16 get specific scenarios regarding the assessment of impact these four impact these adopted before after 1987 so there is a partial answer to question that require further analysis to go back with Arnold on that give you specific answer regarding is there a vesting the only best thing that that would be close to that would be under 3950 16 but again that's under different scenarios the question that's being asked now is whether or not there can be a variance to impact now I understand that part and so I at this time to answer your question I that built it works I appreciate that ladies follow up points one further question it was brought up that the to build the church you're looking for a shipment of one burn some things there's a process to move forward which would be held up until this CRF would be paid and permitting as allows that correct that is correct is there any way that the city can defer a portion of that payment which will be equivalent to the increase until a later date as I mean is that legal is it possible is it something we could do because you were prepared to at least pay that amount prior to this increase yes and I don't even know if that will put you on the hook now you're worried about can you pay the balance and what would happen I don't know I just I'm just trying to find a way what was it what you could the city defer the full payment you know required to get his process moving forward you could pay what he was prepared to pay our previous serif and defer the rest until later date I mean I I know it sounds like a slippery slope and it seems uncomfortable but I don't ask that that I'm not going to have a clear cautious because I'm trying to find a way here I'm not aware of a procedure I'll know if your organs allows for that my initial review chapter 3 95 didn't state it says that the impact they shall be collected on such such currents that talked about heat the furnace or splitting of the acti whether the city has authority to do that again I have to defer and look at that come back with an answer at a later time the council and it would still raise the other issue which is if we did it for one would we then have to offer that type of finding right my next point would be could we do it in scope that wouldn't open it up to everybody and all these things let me put it through this way I you know for the reasons stated I can't do it there I personally can't do it that way because it would open us to so much trouble church but it sounds like they're just could be hope their follow-up and I'm willing to spend that time and look to help you so I will continue to do that I'm going to look at innovative creative ways there's always a different perspective in a different way and if not then my apologies but we're going to work I'm going to work it's taking counsel mccombs again I'll just lucked straight i think it's a it's a matter of fairness not a matter of if the City Council passed walls that people did not know of and in Mary we did ask you for the information last council meeting which we have not received it yet so I would appreciate maybe sending that information to us and maybe it would have been nice to have the information before tonight's meeting no problem council get it out to you but I would like to say in matter of fairness they were in the process of closing out the deal and so forth before july the 26 or 2006 that is my whole point i find it very hard to believe that we have 1700 planted Lots prior to july the 26 2007 that are on the ground and or have gone through the pansy and so forth but i will will will look at that information but i certainly think that by the i think you may if you like if you make but I think we'd like to have the information next time beforehand but again I think it's a matter of fairness and when a person is in the process we ought to tell the person what their what their do for the city and we shouldn't be changed in laws or changing the process midstream just if we didn't do it on the parks feed we didn't go back and said everybody that was played it had to pay it was from that day forward they had to pay you so thank you House makini I guess you know we went through a long long process on impact fees and first we started off I think with water rates and impact fees and all this coming together and we haven't approved of CIP but you know I don't remember specifically stating you that somewhere in there it dealt with this location and it said you know because this church wants to build in league city gee whiz we know that they're going to have these these many people using water and that sort of thing and it came up obviously this this location was being planned well before we already before we went into considering the impact fees and so how do you make that how did we make that split when we were considering impact peas did we say you know what when we're doing this study on these crfs it's gonna weave when did they start the study a year before we approved it it was a significant time because there was a long delay so I mean there was some land assumptions made would you say a year though we started this please come to the mic for records how this study is actually a culmination of a study which was in place before I came here we completed this study which is a land you study it's basically blind to what what specific properties of the beat areas it has to do with use the residential use is going to be commercial use is going to be certain cop use and each use has a certain capacity that's identified that used but but the study was was originated in the 2000 year and in the original study there he was a two-thousand-dollar any gun thing got froze because of a decision that one time they thought they might be away to see our f ed up together and then it was realized that you couldn't do away with the CRF fees because the financial impact of trying to bond everything to do without the CRF fees and then it was picked back up so this study predates again it's back down to nineteen ninety nine is when it started in the land use assumptions and what those demands and the system we're going to be at that time in between some of that we picked up some additional properties for the west side and some additional development on the east side which came in and introduce you the formulation of the numbers but the problem is if you don't if you don't collect the CRF vs an upfront fee you have to collect that dollar value somewhere and if it doesn't go there it goes into your chili your utility brain so these are tied very closely together if you don't collect crfs upfront you end up not collecting anything everything has to be calculated into your children your children right and it goes through we're so would you say year it was more than a year okay i'm at this last study oh this does he have to tie the studies last a story you have to tie the study to the fee so when I say this study I'm obviously saying the study in its current I'll recommend three years up 4024 dot yeah this disk art form is three years old that's what it's three years old 4024 off this way yeah this depth of the plan development that generated this study began three years ago the land development that does this guy what what we did land use that when did we hire the consultant the consultable zone bore excuse me let me be more specific so i can get the answer that i'm really looking for whether no matter what that answer is i'm looking for the answer to my question i guess my question is is when when we passed a study that recommended a CRF of four thousand $24 correctly that was recommended to us by a consultant that fee we paid that consultant a fee to come up with that number council agreed to go with that consultant for that time period when that would that was over three years ago so they stay that day but it's over three years so they've been doing this study for it took them three years enough we've been updating this study for three when why didn't they come up with the four thousand dollars but there had but they didn't have any changes so in the last three years they said no don't worry about a change don't worry about a change don't worry about a change and then all sudden in the last year they said come up with four thousand dollars with a land development that was created and put on the books approval of flats and properties and putt agreements is what generated this fee plus going back in having to upgrade your circa pacity and your water capacities which were not calculated in prior studies that generated the change okay when do we cook mr. Cohen's mentioned that we could collect the fees at three different times does that is that correct it is when your impact fees were adopted and when it lands play after 1987 army so obviously the fancier before 1980s okay certain scenarios obviously we're talking about after 1987 I believe correct correct okay so did we did we mention to anybody in the last three years is using mr. Murphy's terms we've been anticipating this increase in the last three years when these people came before City Council did we happen to mention to these people by the way we've spent the last three years coming up with some fees and they're going to double on you pretty quickly soon as council approves them that we mentioned it to this group here I couldn't speak to this group we have been telling developers and people came to crc at least the last two years once it was established that this was where the feed is going we have been informing these people that this feed was going to increase and we've been given on numbers that would anticipate doubling at that time which was about two thousand dollars that's total fees would be increased and we just spent them we've been telling that film bet for quite some time when I guess this was set free you know I could not tell you that we have been informing the developing community that this was coming up I know most of the developers know about it because at some point time to fully past it because they were certainly you know it's it's their bread and butter sure thank you mother thank you jack Councilwoman Sanborn feel free but and I would like to help you out but here's here's my my quandary here if we went back to the original fee for this variance here wouldn't a fair thing to do be to go back and when we learn in a database of how you enter it and everybody that plated property in all fairness should get the same thing I mean just because I don't come before council does it mean it's not fair for them because some don't know that you can come before council and request a then a lower fee before july twenty seventh so my question that i have in my mind is if again if you do for one the fair thing is to do for everybody i mean that's that's what i'm sitting up here pondering i think as long as you also take into consideration that as mr. Murphy stated then we don't have to offset that cause somehow right to the tune if you've got 1,700 plants or that have come up before then you've got to fun 1700 right 17 whatever that number turns out to be right it could be more but you've got at least 1,700 there what we yes these are 17 at least 1,700 lots or or what we would call lot of use it when you're talking in terms of the impact visas and essential to be a use and you may have a car dealership you may have a church you may have a community's a wide variety is already a lot of different businesses homes buildings Thank You councilman columns for another chimera now let it go Councilwoman sandbar i agree with you one hundred percent that it needs to be fair across the board for everybody and that's my whole point here is that when we passed the parks ordinance from two hundred dollars to a thousand we didn't go backwards and say to everybody if you're planted you're going to now 0 is 800 more dollars we went ahead and said from this day forward you're going to owe a thousand dollars per lot if you're not if you come into the city that's what I'm stating now I think I think that we should have clarified this long time ago during the CFR's might have been a little bit easier but again does the church putting impact the city that's the question and as they know because where they're at there's water lines so therefore the city is not running a 12-inch main water line out there causing the impact they're going to be paying 7,000 or 8,000 dollars to cook up to our water and pay the Capitals recovery phase so therefore they are paying their share it just happens to be right in the middle of a change from City Council thank you the motion on the floor now the motion is now closed it was originally made by Councilman Ted Nelson to deny seconded by Councilman Jim Nelson with no further debate please vote for izz councilman barber Jim Nelson Ted Nelson and Chris Anderson opposed councilman Collins kini and Phyllis Sanborn motions denied passes we now move to item number 10 be consider and possibly take action on acceptance of municipal infrastructure to serve walker street from centerpoint drops of state highway 96 in the tax increment reinvestment zone number three center point mr. move to approve councilman barbers met the motion to exclude letter counseling Jim Nelson has second at this motion is now open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item number 11 a consider take action on an ordinance amending chapter 90 of the code of ordinances of the city of League City and titled signs permitting the placement of temporary signs for promotion of participation and amateur athletic organizations Councilman Jim Nelson has made the motion to approve seconded by Councilwoman Sanborn it's not most is now open for debate hearing none please vote for is unanimous motion passes with Councilman Ted Nelson out of the room item number 12 table items subject to recall I have none 13 council members comments and report councilman columns Thank You mayor I've got to move it up tonight but I got first-inning there you go i did that just for you have breakers i just wanted to say that i hope that everybody will say a prayer tonight for sherry color who used to be a city employee for 35 years in league city she was here for the 16 years that i work for the city she was a really a trooper she she overcome many obstacles to get to work but sherry was always here and sherry really loved her work and loved this city so please keep her in your prayers tonight she did passed away this week so as an employee for 35 years I've even like to maybe in the future see if something in the finance or water line that maybe we can name something after because she was a very dedicated employee this past weekend or two weekends ago we we had the holiday in the cart parade and it was a very successful event I think staff especially parks department and Police Department for everything they did make this event very Satan and again that's all I Hitler Thank You counsel makini mayor I'd like to wish all Christians of Merry Christmas and all Jewish people a Happy Hanukkah and anybody else that's just celebrating being out of school may they all have a safe time may they focus on family and what's important in their lives thank you Mary Councilwoman Sanborn I second what mr. Keeney said thank you councilman Sanderson we don't have another city council meeting for the rush that's not so as much as you all would like to sit and listen to us before first they'll have to watch the reruns I just want to take a moment to wish everybody in the community and with the city a very merry christmas and happy holidays hope everyone has a safe holiday and take a moment to think about our members of our armed forces or overseas who can't be with their families this holiday season Thank You Councilman Jim Nelson thanking our a couple of items of the library the library will be closed saturday december twenty third through tuesday december twenty sixth and again december sunday december 31st through monday january first registration for the spring story times begin on thursday january fourth more information called the library youth services desk at 281 554 1113 I want to wish everyone a Merry Christmas and a Happy Hanukkah and I would also like to ask everyone to pray for our troops overseas that they would be given the nice people of trying to be bold in with their family and that's why I am here Thank You councilman barber take mr. Merrick want to echo everything that councilman cones just said about Sheree Koehler appreciate those comments I also would like to echo the Happy Holidays wishes for my colleagues who mentioned Christmas and Hanukkah and also like to add Kwanzaa to the list and any other holidays that we have over what tonight everybody have a joyous season and I look forward to our retreat on Friday which has goal setting and I hope that is very productive and we all get a complete this session without drawing blood that would be a good thing to do so look forward to that thank you very much thank you that concludes item 13 14 mayor's comments I just like to congratulate League City proud and all the people that worked so hard to put on the holiday in the farm parade our Police Department of Fire Department EMS everybody that participated there were thousands and thousands of kids all of whom I think got plenty of candy very happy to report they got candy we are going to have a goal setting session friday i'm looking very forward to that and other than that i just like to wish everybody a very merry christmas and a very happy holiday season we will be back with you shortly now that concludes my remarks items added after electronic agenda there are none executive session there are none items added after the executive session there are none with no further business meeting is adjourned you {00:00:51}	INDEPENDENT
3	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	KUXXWr_l8D8	League City Council Meeting for November 28, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	109.733333	2011-04-25	0	2006-11-28	{00:00:28} okay good afternoon we will call the city council meeting of the league city city council regular meeting November 28 2006 at 6pm to order only now call roll Gary Schultz here Ted Nelson here Mike Walden here Tommy combs here Chris Henderson is he mailed that he is tied up in court in Houston phyllis ann born here john kini here and jim nelson era we will move to item number two invocation pledge of allegiance to the US flag and pledge allegiance to the Texas flag invocation tonight is given by pastor Jean Paul set him who is here today did I get that right almost want you correct me so next time I'll know what is it Jan said that one you can close but you're very gracious person and I knew that somehow so this would be a good time to turn off phones and pagers and we will turn it over to the good referee Lord we're mindful that although we have a meeting here and we would like our wills to be done ultimately Lord we'd like your will to be done as the psalmist says not to us not to us but to your name bring glory we thank you Lord in this season of Thanksgiving that we live in this country how rich we are and we thank you Lord for the founders of this country and for those right now who are preserving the liberties and freedoms of this country overseas we ask for you to shine your blessing on the men and women who are allowing us to have this meeting right now in freedom and in openness and for the leaders of this country Lord we ask for you to give them wisdom and great discernment for the governors and the leaders of this state the same and for this august body Lord we ask the same wisdom and your discernment tonight Lord we'd ask that you would be here in a very real way allowing your will to be done so many of us Lord think that our will is best but we can't see the future as you can Lord we would ask then that your will would be done pray that you'd use these men and these women here tonight so that your goodwill would be our future it's in your name we pray amen missions to the life of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all online Jack supplied I pledge allegiance to the Texas one and indivisible alright we will now move to item number three approval of minutes we have October 24th regular meeting which improve their October 25th workshop and November first workshop second motion to approve by Councilman Ted Nelson seconded by the Councilwoman for the Sanborn all in favor okay now they're so approved we don't usually vote on those actually will we test them before the meeting and they did work so hopefully we will be typing tonight with no changes to the meetings they are approved item number for appointments proclamations presentations in a war consider and take action on appointments to boards and commissions the way the staff had listed this there are numerous of these appointments all of these or and I was told this is very clear in your packets they are all reappointments short of two new appointments which were vacancies Mara move to approve Council McCombs has made the motion to approve also going to counseling Jim Nelson second of that motion and it is now open for debate hearing them please vote or is unanimous motion passes with Councilman Samuelsson out and that will be the only time i'll record that unless he shows up item number 4 b presentation by mr. Scott beam with halls Hill caldron LLP on the proposed expansion of Tours number two victory lakes good evening my name is David Hosanna I was going to say that David you're not Scott I'm not Scott city of Houston Texas I'm the zone administrator for the taxi from this anonymity known as victory lakes tours you have an item on your agenda since at a public hearing day on December the 12 if you thought you prude you kind of just briefly give you a presentation a free presentation so you could just be aware this is about the board meadow nutters board mountain october 25th you really consider to bring forward send for City Council recommendations from the bars the reinvestment zone on number two to extend the area across from 646 in that triangular corner 646 945 in order to do this city council is required to hold a public hearing on the advisement of to redo the project plan finance plan and then consider an ordinance to actually enlarge the zone let me just make a few points here the purpose of the enlargement is to deal with the high costs related to development that property what we have here is mostly mobility and attention issues Walter would be extended from six continue to be extended from 646 to i-45 the developers on the property or not don't really need Walter to serve their development as they front 646 945 but of course we we the city and the terrors would certainly I think as all of us would want to see 646 coming a walker extended I 45 to complete at that road also there's a need to relocate the text our drainage on-site TxDOT there's actually a text us ranged easement through the property and that needs to be relocated and dealt with in order to develop that property otherwise appropriate be developed traditionally also the developers are proposing to do vertical wall detention which makes the cost a bit more but gives the ability to have more retail and more development take place so I think that's important to the city also of course the been made major components of this is our the super target and a home depot depending on you again let me just reiterate the project costs would only be seven million dollars related to this property that only relates to walk or related the tension as I mentioned before some de sel acceleration lanes on i-45 and offering a redo of off-ramp configurations on i-45 and so which all this is a benefit to the city the benefits more I think we should probably more interested in is the fiscal impact to the city and that is the standpoint that we we model this as your consultant we modeled this using two hundred and fifty dollars a foot gross foot on the retail space to calculate the sales tax the national average for these types of retail development centers is 270 regionally it's about 300 to 325 we think it's impaired to continue to position ourselves and contain the sales tax in this area instead of shipping it up to Webster so we see this as a opportunity to make sure that takes place on this property but we've modeled this there's only 18 years left in which doing this would not extend the left leg for the term of the charge the charge Henson 2024 no matter what so we're only talking about the time between now and 2020 for but you would based on the seven million dollar cause we're talking about over the term deters an additional fifty four million dollars in city revenues from sales tax and hot tax which we think is significant one of things we've talked had long discussions with developer about when they made the proposal and doing our due diligence on the behalf of the city deters was the fact that what do we like it or not we certainly found this out with with Cabela's and others and peril ends down and out with bass pro in order to get a super target in or a home depot their part of the deal unless they get the land given to them or you built building they're not coming they can go anywhere else to get that deal so the developers are having to compete regionally for these types of markets and differently elkin they don't need walker but we want walker then it makes it very owners for them to make that deal work economically so our standpoint is we give Walter extended we get detention we killed the text odd issues and we make the we do mobility improvements in the area so to bottom line according to our estimates the revenue schedule contained in the plan amendment the study would be considering that the public hearing is we could be giving up roughly three hundred fifty thousand dollars annually in ad valorem value-add valorem revenue in turn would be gained three million dollars annually for sales tax and we think that's a big plus for the city that's my my report of the terms or did bugging annesley to send this forward to the City Council for consideration they feel like it so it's really important to the city of League City that has this type of development occur I will stick States stand here before he has your consultant since 1999 and some of you were on the council at a time weren't mayor or I think you're only one left i think that's on the council that time i predicted I predicted that that if we did this project we knew that the roof toss would have to come first but that the retail would follow and an office development would follow and the other types of commercial development follow and has come on quicker than we really even expect it and it's coming on a higher value and a sales tax will come in at a higher value than what we had projected so I think it's really a good win for the sea and given the fact that you have the one-cent sales tax I mean they have cent sales tax for property tax reduction I think this bodes well for the city in the future that you can have continued to have further property tax reduction for this type of sales tax revenue and I really believe that once we finish up the new quote if you do this we can assist Stefan what's going on across the street in that corner probably just even in the tours itself will represent close to forty percent of the total city's total sales tax revenue which i think is a was much better than what we expected so that's my quick report obviously would likely a vote of the consent agenda set the public hearing will have a more full discussion about the plan and everything else the more than have to answer the questions any questions from anybody right now okay Dave you have the turfs board I thank you now move to item number five public hearing and action items from public hearing 5 a hold a public hearing on special use permit application number HUP 06 dash 08 crown castle coat location for an issue p on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower NPS legally described as a sub as a surface track 73 of the stephen f austin survey generally located north of west walker street and west of state highway 3 with the approximate address being 600 west walker street does anybody they'd like to speak to this item please come to the podium now we will open the public hearing at 612 seeing nobody we will close this public hearing at 613 and move to item number 5 be considering take action on ordinance amending ordinance number 200 524 for a special use permit on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower and p.s legally described as a surface track 73 of the surface of the stephen f austin survey generally located north of west water street and west of state highway through with the approximate address being 600 west walker street mayor luke to approve with conditions that landscaping is not required at this site councilman Cohen's has made the motion to approve with conditional upon landscaping not being required at this site Councilman Jim Nelson a second of this motion is now open for discussion councilman tad messy was the staffs recommendation based on the land statement the landscaping anything to do with it to the river I'm addressing this to the Stanford mendation and P and Z's approval included landscaping around the proposed cabinet and to obtain all require permits for building permits for installation what is uh mr. Collins's motion of taking out the landscaping actually do very firmly your recommendation on this sheet is no rig no landscaping required it's a city city facility correct the staff recommendation on the staff report is a minimum provide landscape and around the proposed cabinet is that different than what's on the data sheet on the data sheet it states here that subject to the condition of the landscape requirement not apply to this site the point of a machine how long katharine barbour i think is the second there's a no discrepancies between big one here okay the data sheet actually includes what p + z approved and the staff reporters with staff recommended okay thank you and with that said what is the staff recommending a stanford island it landscaping poz did not approve landscape yes are you recommending so that your colleges motion is contrary to what you're recommending actually is contrary to the staff recommendation but not to the pn z recommended understand thank you so much i appreciate council Jim Nelson oh it's my understanding there is no landscape in there now why why would we require landscaping on city property when there is no landscape that has been our processing procedure every time that a cell tower comes in p + Z usually would want landscape and around its staff went with that notion that they would want landscaping at this time yeah but it's a it's an existing tower it's been there for years we understand that sir it's a pleasure of counsel if you want to go with the landscaping staff recommended or with the P&G recommendation council McCombs again married lonely come after this is that it's the city of our own tower it's been there for at least 20 years I have no problem with putting landscaping but I don't think we need to put it on on their requirements of cram castle the city wants to put landscaping then I think we probably need to come up with a plan in one of our CIP zor or not but this is a city-owned meet at we're not there just leasing leasing this space on this tower itself so that's moment you sir okay thank you councilman Elsa who would pay for the landscape and they would correct council approve the recommendation of staff that this site would be landscaped with the tower then crown counsel will put it in if council does not approve that and council wants the city to put that in then city would come to counsel for some funding for that crown counsel is the ones asking us to do this right they're asking to co-locate on this tower yes sir it's great well I want to thank you all for trying to make big city prettier places wake up and motion on the floor is councilman colleges to approve with pnc recommendation of no Lance without landscaping seconded by Councilman Jim Nelson with no further discussion please vote for counseling barber cones Keaney Jim Nelson and Phyllis Sanborn oppose council Ted Nelson motion passes item 5c hold a public hearing on zoning change application z06 dash 22 South Shore day school to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 does anybody like to speak to that issue please come to the podium is open this public hearing at 618 and state your name for the record my name is Diane nail I'm the applicant for the rezoning request is it possible for me to approach with information yes ma'am I don't know what you have from the staff I think we probably have some okay just a little bit of information about me i am diane neal as i said i have been a childcare business owner and director for more than 15 years my first school was built in sugarland when it was developing much the same as the new development in league city that we're now looking at i have also an existing school in league city on 518 right across from the Clear Creek School System buildings both of my schools have been rated as planned three schools by the Texas licensing agency that is comparable to a five-star rating when you're looking at hotels we have an excellent relationship with the state we want to build in that area obviously because of all of the growth the growth there is state of the art and so we are planning a state-of-the-art facility our architect has designed a building that resembles our will resemble the tuscan lakes community center finished with stucco and stone it will be surrounded with the not only playground and the necessary amenities but landscaping and trees will be an asset for lead city because of the we knew that we will bring in it will be compatible with the area will bring high-quality child care and a very high quality preschool education program to the to the people in the area I have a number of families in my current school who are in the process of moving to that area and some have already moved and are eager to see us there there is no childcare actually existing in that immediate area there is a need for childcare along that route 96 and 646 out to i-45 I had with me before the pn z meeting gentlemen Greg crew thirds who is a father of two of my students he is the purchasing agent for Clear Creek schools and he spoke to the research that has been done the demographics and the extreme growth expected in that area and the immediate need for child care most of those families now are having to backtrack and drive into league city to the 518 area where I am currently located for child care we're planning an 8,000 square foot building with a capacity for 150 children some of our children will come from the same family so it's not going to be a high traffic business we will expect approximately a hundred and twenty to a hundred and twenty five families to come go during the drop-off and pickup hours with a few visitors through the day we have included in our packet some recommendation letters there is a letter in that packet from the adjacent property owner we are hoping in the future to purchase her property as well she is not at this time ready to sell she is is selling us part of her property and retaining the final four lives the staff recommendation was negative in that they would have preferred that we come with a rezoning request for the entire block and believe me we work for about six months on trying to do that but the property owner was just not ready at this time and we needed to move on so we're here with a request for eight of the of the 12 bucks do you have any questions for me oh there is a there the letter that I'm referring to is from her and she is very supportive of the project obviously because she is selling us a portion of her property she has an objection she just is not ready to to sell or to rezone herself at this time but she has indicated that in the future when she finds a suitable relocation spot that there would be an opportunity for us to buy at that time in which case we will be back before you with another rezoning request and I know from my understanding I mean we certainly welcome this type of business in lake city and pn z recommended approval staff recommended denial and from what i understand there's just some question as staffs mind as to whether or not there is adequate room is that correct mary is that the issue that we discussed that is the issue that staff discuss the from the site plan that was presented although we understand that this is not an official site plan that that you had there before you it doesn't appear that this site will be able to meet all of the development standards and requirements we just wanted to bring that to the attention of the applicant enter the attention of the council that it could be possible that with this rezoning and only zoning this portion of the block that some variances may be needed and we would like to see this develop without any variances is what we're asking at this time that if council is considering this zoning application that we still try to hold firm with all of the development standards that are in place if that air at that site and those were the other concerns our staff at the time that the recommendation was made and of course the issue of the spot zoning which we always like to bring to your attention whenever your zone in an area that doesn't have this particular just district adjacent to it and we always visit with the city attorney on those type of issues how is it that p and Z and staff see this this item differently because staff looks at it from a purely a land use perspective in terms of all of the outcomes and the ends of the product and pnc definitely looked at it from the standpoint of being a very suitable location for neighborhood commercial which staff does not disagree that it is a suitable location for neighborhood commercial we would just like to see the entire block rezone at this time to get away from the spot zoning issue rubber apartments are you going to stare have a problem history because they I'm sorry go ahead and marry it's open for debate now fellas it's because of the adjacent track being left the single family residential the ordinance would require some buffering between the daycare development and that single-family zoning district and meeting that buffer requirement the land statement requirements of parking requirements all issues that we wanted the applicant to be aware of and this particular site plan is showing shows the driveway coming off of Kentucky street I know the applicant mentioned that there traffic would not be that extensive but we will not be looking to support putting that type of traffic on a residential street so those are some types of issues that we wanted to make sure that are out there for consideration math stick to that when we had the site plan drawing it was very early on as a matter of fact we actually had two site plans are on one for the entire block which we hoped we would be coming with and when we learned finally that we would not be able to acquire those final four Lots we came with the second the plan B site plan so those were drawn very early on and really in an effort to see what we would like to put on that property it is certainly not final our contractor and architects as well as owners are interested in working with the city to meet any requirements that that you might have for us we are aware that the buffer zone would have to be a little bit wider than it would have had than the front requirement would have been had we not been adjacent to residential but we I have been assured that we do have the property to meet your requirements and I would like to assure you tonight that we will do that Cass McCombs think near miss chambers I have a couple questions for you manager stay up there and make everything I recommend to the south of what is it zoned I don't have a data sheet on my computer showing the zoning there's a shout that zone general commercial undeveloped single-family residential and sage street okay so you've got general commercial to the south and you have residential two adjacent to it okay how do you call this spot zoning because I thought because the the shift worker I thought with the spot zoning with it being a neighborhood commercial head back up to residential neighborhood commercial could back up to general commercial the spot zoning issue is due to the fact that this this is an is mid block councilman and I right adjacent to it is in single-family residential and it's all one block that's why we referred to as being spot zoning if it was a separate block it would not necessarily be as animals as it is obvious to staff rather as it is now that it is all one block and so you're taking a portion of one block and zone in it right but the given block is is not under the same ownership so well it is currently I think this person is purchasing it from the road so what we're doing is creating a situation right now it is currently under one ownership it's a purchase for the purpose of building the school is what i understand but when she purchased the property it's not going to be under all right she will be purchasing you over the other three session okay but that is our only concern is that issue that it is mid-block we do not dispute the fact that it would be a great location for neighborhood commercial we would just really like to see the entire block and just to point out the fact that if council does support the reason for this tonight and the applicant is not able to develop the track and neat variances it's going to put staff in a position where we'll be recommending against the variance is because there's no hardship because it's being self imposed with the rezoning okay besides the issues that you talked about on the set back in the driveway issue going out onto kentucky street what other issues that you have that may require variance at this time but I can't say since this is not an official site plan is being submitted we would really need to see the official site plan before we can say that we only brought those items out so that the applicant would be aware that those are some concerns that we have when when we do issues like this and resume the portion of the property with the development standards that we know exists as far as the buffer between the residential and the commercial that the landscaping the parking and all those other issues that are involved in the development the building is she may meet that because you don't see the total package though that's correct we just wanted to bring it to her attention that those are some items that we would be concerned Thank You councilman barber like mr. mayor first of all thank you not only for your coming for us to talk to us but also for bringing potentially bring another quality business like this I really like it and I I definitely want to lend my support but in doing so I want to thank you exhaust I want to make sure I don't do the wrong for the right reason so let me ask just a couple of quick questions now Mary and you bring out the possibility of sponsoring is that out of an abundance of caution through the fact that someone somewhere may interpret it that way any time we think that that issue is is out there we want to make sure the council is aware of it yes it is caution on our part and as far as something that council person on Sam born and I discuss it we've done some issues like this before in league city but we always as a staff want to make sure that we give you our professional opinion on it so you're aware of it now question for either you or Arnold in a situation that would be bringing forward whether or not this is would there be an aggrieved nearby landowner in this case the person who seems out opposed to this right now but who would be aggrieved by this that would bring the soup forward as an issue if it were spots them generally speaking the person who has the appropriate standing to be arguing that would be a contiguous property okay and so I think I feel much more comfortable knowing that there since they're not opposed to this the only thing that they didn't want to do is themselves as for the same zoning request right otherwise right so in other words I think I'm will not really a whole lot of risk care that's my feeling okay and this track does a join a road right of way that is not felt on the other side of that right of way is the corner block at the corner of 270 and 646 so I'm not really clear about the reference to a red block tract because it really it really adjoins the general commercial at that's like you got on the sample I am just a couple of questions most of my questions have been answered already but looking at the site map and the pitcher does the front of the building facing Kentucky or does it face to 70 that Barnes 270 the front face is very handsome so the back face backs up to Kentucky how close is the daycare going to be to the homes that I see between right next to each strawberry Mary do you see that and are they today's going to be difficult to say since this is not their official site plan so until they actually submit an official site plan we're probably just going to be speculating on those type of issues we just as a staff wanted Council to be aware that there may be some of those type of concerns and for the applicant to be knowledgeable of it as they submit their official status such a confident that that will meet the requirements for the buffer area to the homes that your site for yes our plan is for the building and of course well this will need to be approved by League City but our plan is for the building to be somewhat centered on the property and there will be play area and landscaped area in the back between the building and Kentucky and then in front between the building and 270 will be additional landscaping and a circular drive okay because with the children after school when they get out in and do their playing I wanted to make sure that if that there was the proper buffer zone with the homes that the back of the daycare was going to be facing right and and it will be fenced appropriately fancy right but there I have a daycare close to my house three thousand so I that they can be just a little bit playful in the afternoon I hear you and does it put us at risk with other businesses not necessarily on 270 Mary but in other areas throughout town where citizens can come and and use this as an example approval of an area well I think anytime council is making decisions on zoning issues you're going to have that possibility so that that's one reason why we like to make sure you're aware of all the issues of staff knows about Thank you Thank You Man Thank You councilman Nelson Mary what is the setback if it's a proof for CN yes it depends on how they situate the building I'm going to say but somewhat roughly situated like they have in their proposed site plan what would be there soon back off of lot 5 and 11 let me say 50 feet of 2530 it's going to be 33 DM and those Lots are only 65 feet wide looks like if that was it was just really depend on how how she's going to scale her building she may have to scale it down some and some of those other issues that she may have to deal with there's a chance she won't be able to cross half that lot I mean just going to cause because I understand what you're saying right if we approve today we might as well start a clothing variances right off the bat of the propeller actually the very system adobe to the Zoning Board of Adjustment I was being sarcastic oh sorry but as I stated before staff does not great this is there what you're on I agree with you thank you very much there is absolutely no sarcasm to display and neatly Council comes you have a total of twelve lots correct is that what is there to 12 blocks on the block we have purchased eight okay there are four additional would you consider maybe moving the parking or not having the parking in back yup is that an option for you everything is an option we as I said we really were making an effort to draw i plan to see what what might fit on that brought you mrs. but it is not set in stone of course and any necessary changes that we need to make we would be very cooperative Thank You counsel mckean mayor I just like to ask you to encourage stamp to have the minutes from the peon center eating available to council not the entire minutes but on any item where p NZ voted against staffs recommendation because it certainly can give me a better perspective of what went on during the p + Z meeting as well just mentioned people were in the bnz meeting and talk to the pn z meeting that we're not hearing tonight and so it just limits our ability to make decision I don't want to see all the minutes never do want to see all the minutes but just on these items where P NZ has gone voted against the recommendations of staff I think that's a reasonable request how would you like that in your packet electronically on email electronically the lake for each other packet okay email okay so Chris in the future if you guys would be more cognizant of where staff and so that I'm clear we're staff makes a different recommendation in PG we want to see the minutes of the pn z recommendations that correct yes well i think that's a regional recommendation i have one comment if i might you might Mark Lennon Schmidt is the gentleman that I worked with with the city and I noticed on the agenda that state staff recommends denial as presented and Mark explained to me that what that means is that it was presented as a request for a portion of the block and my understanding from mr. Lennon Schmidt was that that was basically their only real concern is that it was a spot zoning as opposed to a request for the whole block okay well well in and in the staff meeting what I was told it's just they're just concerns it's just like Mary articulated that you know and I want to say before we go because we're going to close this public hearing then we'll move to the vote I like this type of business I'm hopeful that you that you get your variance tonight at the same time I want to commend staff so that if it does in fact pass and you do come back that staff will be able to say we made a recommendation a certain time now we're being asked for variances as long as I just I think it's good that they're communicating with us and letting us know if you want to grant a variance great but there may be future variances so I appreciate your time to now councilman Cohen mayor just like to make a note of what you said I agree with you but your coloring of variance tonight no officer not a variant right this is a public hearing actually well I'm machine but this is not a variance is just a zoning change erotic that very clear we're not personal don't know that's true appearance tonight here I just looking at zoning issue thank you okay thank you very much is there anybody else that wants to speak to this issue I'm include for the record my name is James Malone and amazing coming before you on behalf of Shaffer Country Day School a wife Melissa and I have currently has a daughter Makenna Joe at a tense after country day school and should be three years old in January and she's been there since it's a kind of weeks old and I've learned better to come explain how we really feel about it we've been very blessed very fortunate to have school at Sunday school and we have been a resident here for 15 years and i really feel very fortunate very blessed the half earlier have a great Bertram not only just a day care which is school I teach the kids right now she'll be three years old in January she already saying her ABC's accounts and she's already had a lot of schools a lot of kids that we going to school at her age koenig orchestrate and we also having to be one of the residents that will be going to escalate my wife and I carnival in the home an testing like so it definitely a benefit of knowing for us but it's silly city there's not really a good quality day care or early one at all in that side of town she stated that till we currently will be driving across over 5 18 came back over but the life tonight a 95 every morning so definitely right on our way out and one thing that came across a big meeting was that right it's not going to be a full-scale all the Lots from one thing that did come out it was a good point i want Lee springy before you as well is that it's not like they're coming for you with a high traffic like it stop and go or a convenience store well there will be a lot of traffic coming on Kentucky or be a lot of into something got into that neighborhood so there will be a very beneficial to city as well as a lot of families and kids as well thank you thank you anybody else I'd like to speak to this issue singing now we will close this public for you vicinity that you're speaking of he's like signal and I would like to just make me ask some questions if I missed the meeting on november six for you always was discussing this particular topic of the rezoning on Oklahoma street I live on a corner of context-free nexus with a vacant lot which I think you're speaking of that and we're wondering about the rezoning that you plan to do in that area we are now residential and the wondering if we're going to be put into a commercial site here in the corner Kentucky and Oklahoma yes my address is three double three I think mary has an answer no the only reason that we sent you the notice is because you're within the 500 feet radius of the rezoning application that council is getting ready to take action on your property is not being razon dat this time okay you're the only person it's currently you can apply for rezoning on your property okay thank you that would be considering our church yes they'd have to do that you would have to file the application on your own behalf okay thank you you up thank you know anybody else seeing no we will close this public hearing at 644 and move to 5d consider and take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 we are moved to approve the rezoning chemicals like calcium cones has been motionless on executive by Councilman Jim Nelson site um is now open for discussion hearing none please vote four is unanimous motion passes remove the item 5e held a public hearing to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering land we will over this public hearing at 6 45 anybody like to speak to this please come to the podium seeing none we will close this public hearing at 6 45 and move to item 5 F consider take action on orders to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering lane the commerci 23 so Councilwoman Sanborn has made the motion to approve seconded by Councilman Tommy Collins this item is now open for discussion hearing none please vote for is unanimous motion passes now move to item number 6 you're already cutting them off getting in the hanging started that's a warning item number 6 citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residence persons having an ownership interest in property or a business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor members the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused milliner slander any individual shall be cause for termination of time privileges and expulsion from council chambers and the first citizen is pastor Edwin I'm sorry amber bamberg thank you very much sir okay mayor shelton city council members as a stated my name is faster Edwin van Berg and my number one reason for being here tonight is that you strongly and seriously consider reducing the capital recovery fees and the service connection fees so that we can proceed with constructing our church this has been a two-year process for us we ran into some serious architectural problems where we had to change the footprint of our building we do have approved site plans they did May seventeenth of 2005 we run into a number of setbacks we were prepared to pay the amount for the permit so that we can move forward with our project however the amount that we were asking to pay to pay is thirty two thousand seven hundred eighty six dollars we were prepared to pay fifteen thousand two hundred seventy two dollars so that amount almost doubled which is preventing us from moving forward with our construction project so we ask that you would seriously consider reducing that amount from the thirty two thousand seven hundred eighty six dollars to the fifteen thousand two hundred seventy two dollars so that we can move forward with our project we have a steel that's going to be delivered on December than 15 and the amount of two hundred fifty two thousand dollars unless we can get the permit we will not be able to draw down on the loan that we have to pay prospect so it's a it's really impacting our progress impacting what we're trying to do with our church so we ask that you seriously consider that thank you very much thank you Pastor galeen wenzels good evening mayor Schultz and council my name is Galen wenzel and i live at 1300 coryell the corner of coryell and Landrum which would be the east side of the butler museum and we have endured construction noise since this whole thing has started everything from the parking lot being scraped clean cement trucks being up of backing of every kind machinist heavy equipment there is everything from bulldozers the backhoes to cement and dump trucks have come up and down Landrum which is a very narrow street and the side of our house is approximately 75 feet from the new staging area that's been put on that side of the museum we never complain because when you near being into it and we know that progress means noise and all of that but we felt like most of it is done the parks part is evidently mostly done but the noise ordinance was never explained to the contractors we actually had everything starting in the morning with the heavy equipment and the dinging at six o'clock and when the elevator was being put in and constructed we actually had people over there working 24 hours a day all through the night to dinging all through the night the banging and the climate and we never made one one request of the police department we just indoors I would appreciate it if someone would communicate through your department heads or however you choose to do it to communicate with the contractors that there is an ordinance there is a noise ordinance in the city and that it does need to be a because we are you are into the museum in a residential area zoned residential I can't put a business in there and I can't live in the commercial property that we have on Main Street next to live up to the donut shop so the museum coming in and doing that kind of thing is really really hard for us to abide landrum streets been torn up asphalt's been broken off the sides it now has a drop-off across the street from our driveway of approximately six to eight inches and that may not seem like much to most of you but we have a 36-foot RV that we have to pull in and out of there and that has been the margin of error because now trying to make a wide turn and come in or trying to make the wide turn and come out as put our truck into a bind and it's almost allowed the fifth wheel to come down on the back end of the truck because it's so uneven so we really would appreciate it if you would send someone out there to talk to us about doing something about repairing at least that section and that would be there where the little of em'll it is next to the utility pole weather buddy the brush has been cut down and people have been coming in and now they're to do construction with the heavy equipment I'm not going to complain about the amplification the noise for your big deal weekend before Lana because I know that was probably a great thing and we know that's what the museum is all about but we would appreciate it if you realize that we are residential there and that anything is time that that anything that's done in that residential area next to our house is really really difficult for us to live with on weekends or during the week I'm almost through the trucks coming in and now that opening on Landrum Avenue unloading getting things ready for the party etc cause lights to flash on our bedroom and threw our windows and they'd parked on land which is very narrow and we couldn't really get in very well with our truck and out with our truck just on a daily basis backing in and out of there our concerns will be to the fact that we are residential in that area and whatever impacts the museum on the outside of it on that will impact us directly and I've been hearing some really good things tonight it made me feel really hopeful and positive as far as your sensitivity to some of these buffer zones for commercial versus residential and so I really feel that I have found a friend and Councilman layer I hope it sounded very positive to me and I'm happy about that I would appreciate it if you would make sure that anyone who utilizes the outdoor facilities should be sensitive to the surrounding residence I would also appreciate being notified the museum is put on the agenda so that I might have some communication and feedback this is very difficult just to put information out not get feedback and I know it's a state law thank you for your talking to you very much kaylyn and Chris our city administrator I will send someone out tomorrow or in the next few days to look at your situation I have spoken to about five to seven people including your city secretary yesterday or day before and I really haven't found a person who is going to make a decision on who handles what but I didn't make that young wru it's nice to me it's good I really appreciate that it's been a play may not handle it but he'll make the decision that's all that matters as long as somebody's going to make a decision right yeah thank you so much every time thank you our next citizen is Miss Peggy zahler mayor council staff my name is Peggy sailor and I recited 1802 rampart into every village I'd like to address the gender item 10a I attended the city council meeting where Miss chambers brought forward her plan for the changes in the development fees I attended the workshop and I also attended the city council meeting the last City Council meeting and I will tell you if this was Mary's idea to come forward and try to be sure that whatever business we conduct that at least we cover our costs I publicly applaud her because I think that's really important when I saw the chart I really thought it was a no-brainer from a taxpayer standpoint I thought whoever does business in League City whoever comes forward at least let them pay their way working in contracts I know that periodically there have to be incentives provided I understand that but but I do look at the monumental growth that we had in league city and I wonder why as a taxpayer I would be asked to subsidize a for-profit business it doesn't make sense to me and so I listen to the questions that were asked and I can understand the concerns about the significant increases in the fees but that's what happens when we don't have process in place and we're monitoring the cost impact of how we're doing business so as a taxpayer I personally don't care if it's a three hundred percent increase because that says for many years we the taxpayers have been subsidizing activities in the city and I'd like for it to stop and I would like to ask you that as you deliberate perhaps you set a goal that if we're looking at addressing the issue of fees then let's set it to where we're not asking the taxpayers to subsidize businesses the only other comment I want to make is where we're looking at possibly entertaining the idea of grandfathering businesses in I would say from a taxpayer standpoint unless you have something in writing that says when these businesses or developers came in that the fees that we're in place then are frozen for whatever phase the development is going to follow on and the no that's the cost of doing business that's real life you know things change it's tough out there but I would hate to think because something happened a couple of years ago there's no legal obligation as I understand it that we have to freeze those fees then don't ask me to continue to pay for that it's really not fair so thank you very much Mary coming forward I hope that as you deliberate and keep the taxpayer in the forefront of your mind thank you k our next citizen is Miss Joanna sharp hello mayor and council I am the president of the butler donor museum board and have been almost since its inception and I have to apologize to the windows because they've been very patient we on the board know that ever since the inception they've been worried about the increased traffic over there and I can vouch for city people who have worked hard trying to place the parking lots and divert some of that noise in putting those things in place so we are listening we have been listening and I was there of course all day on saturday the 18 it didn't seem extremely noisy to me they had music for spread answers but there was a big traffic problem i'm told parking was not big enough for the traffic that was pulled in for this event so that's something that remains in the future to be dealt with and i want to say that all the beautiful land around the house is public park funded by Texas Parks and Wildlife and will be operated according to regular park rules I'm sure so maybe that will give our all the confidence about the noise most of the noisy construction is just about done so thank you for having the opportunity to talk tonight always opponent and Diane and James had already spoken so that can they let the lake in here to be on the sunday please okay why don't you come up and get your three minutes actually the bill stuffed bell pepper night if the kids home and I'll stop it out there so I could leave that early heading each of you a photograph and smokey guess when it's time is officially running now so tell me what my time starts ok it start ok good evening on bellaire on boat council members i'm leonard crews i live in 1904 claiborne drive here in each city then there are 36 years i have 38 years old to get in league city i realize there are many more pressing matters that the council is facing these days however it's always a good time to protect the health safety and welfare of our citizens of those who come into our community now's the time for amendment of the city smoking artist apprentice smoking in all restaurants workplaces in other enclosed spaces that subject persons to the effects of second-hand smoke earlier this month was the American Cancer Society's great American spoke in his Dear Abby pointed out in her column she pointed out in her call that the US Surgeon General issued the first report in 20 years on the health effects of involuntary exposure to secondhand smoke in which it was related the children and adults who do not spoke in are exposed to secondhand smoke suffer premature death and disease exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary artery disease and lung cancer children exposed to secondhand smoke are at an increased risk or sudden infant death syndrome syndrome acute respiratory infections ear problems in more severe asthma as well as respiratory symptoms and slower leg room scientific evidence indicates that there is no safe level a secondhand smoke an estimated 126 million Americans both children and adults artists are exposed to secondhand smoke in their homes and workplaces in spite of substantial progress in topography tobacco control and eliminating smoking in indoor spaces totally protects non-smoking eliminating smoking in indoor spaces fully protects non-smokers from exposure to secondhand smoke separating smokers from you might have I been at nah go ahead for secondhand separating men smokers from non-smokers cleaning their in ventilating buildings does not eliminate the exposure of non smoker to secondhand smoke Terry Foley of Kelly's and Steve Brenda mr. Bob dog standard desire so the council amend the smoking ordinance so that the prohibition will be universal with each city of brother that each of them unilaterally imposing such policy in their venues they being conscientious about the effects of secondhand smoke but having concerned about the effect of such on their business if all such venues in which city do not voluntarily follow their policy if they alone were to prohibit any smoking in their venues well I did not visit it personally while it was there the recent exhibit body works at the yeast amuse iam of Natural Science included a set of human loads that at one time belong to this motor I did see the color photograph that appeared in The Chronicle these shriveled up lungs were monochromatic that is they were lacking in color other than and we're obviously like charcoal instead of the bright brilliant red color that one would find in a healthy set of lungs my roommate when we were seniors at Texas A&M recently underwent removal of his right lung as a result of years of smoking employee quick two years ago he is post-surgery seven weeks now but making progress in his recovery but in recent follow-up visit it was determined that he now has malignant lumps on his back that interfaced with the right lung the result of vesta sizing of the cancer from the lumber Portman's removed now he is having to undergo radiation and chemotherapy for that condition with the prognosis being somewhat uncertain at this time you always your positions of responsibility to the citizens of this community and those who visit from other communities can save lives and prevent disease by the amendment of the smoky artists that the other municipality is throughout the county have done including several year in Gallatin County and prohibiting smoking altogether in restaurants in workplaces and other venues where people get or indoors don't you know what a grand feeling that you will experience in playing a part in protecting the health of other folks and for benefit of those in the audience business mokey Mokey's another try to cut down myself in conclusion then I ask all of the citizens who are viewing this on channel 16 to email telephone fax or however you can too unless the support of council to amend the smoking ordinance as I have outland and I thank you very much for your time and consideration and allowed me to rectify the only monster today all right thank you very much better okay that concludes item number six we will now move to item number seven which is against the acerbic you to third like to spend the rules and loop of item / 13 please councilman jim Nelson's made a motion to suspend the rules and move item number how 1300 second / accountable we can't counseling Keaney a second to that motion notice that there's no debate on that but we'll discuss it at the retreat so Nelson Councilman Jim Nelson has made the motion to suspend the rules that move it up and counseling keenya second at that motion and now please vote for councilman barber cones Keaney and Phyllis Sanborn if I was councilman Ted Nelson right now moved out of number 13 councilmember comments in report Councilman Jim Nelson well yes mayor thank you very much first of all I talked about the seniors dance marna the senior dance be held at the Civic Center at 7pm everyone is invited it's a wonderful time to get out and dance you don't have to be a senior to come second thing I like to talk about is the memorial out at our sportsplex like to thank again chief daniel for its splendid work getting that memorial to us let me tell you this it's a it's a it's a much more expensive more memorial than what we actually paid for it and we really made out real well anybody that hasn't been out to the sportsplex i would recommend that you go out and take a look at the memorial or artists are absolutely gorgeous next thing is the library happenings the hell of all library we're going to have an open house please join the staff library board and Friends of the Helen hall library at the annual holiday open house Thursday November 30th that's this coming thursday at four thirty p.m. until 630pm Santa will arrive at five fifteen PM lighting the tree ceremony will take place at the tree in front of elet hall library on November 30th also at 630pm lighting of the tree is co-sponsored by the League City Parks and Recreation Department and the Knights of Columbus number 93 m special guest apparently made by Santa Claus and music provided by the league city elementary school choir so one out enjoy yourself that's all I ever Thank You councilman Barbara Thank You mr. mayor um some of the people that I would have liked to made some comments too i think i've already exited but let me just say a few things first of all if anybody can help figure out a solution to the CRF issue with the church without putting us at the same type of risk that we just discussed that the previous meeting i really love to hear it i think that's a really sincere hardship that they're facing another thing is the the story about the construction that that was going on at 6am and I don't really need to speak specifically to that site species she's not here anymore but in general somebody's breaking the noise ordinance please any citizen that knows about that let us know one morning I happen to wake up around six a.m. and my entire house was flooded with light I had walker street built right next to my house something I knew was going to happen and just like she talked about I felt like that's progress and we you know you'll deal with it for a small amount of time but at 6am the lights for the house and there's a lot of noise out and I made a call to our at the time our public works director is no one with the city and it was the last time it ever had and so we'll get these things taken care of that's my point and so please let us know and I think that that's the only thing else I wanted to address at this time I appreciate the comments of everybody including you for taking your your time at the podium to help us understand things from your parts of you Thanks Thank You councilman cold I think I got it figured out tonight every time mr. Nelson calls for the council meeting or the comments to be lived up he gets to go first i was like i could go past the bottom i think i'm gonna try that next time I I just figured that one out but on a better note here I wanted to remind everyone you should have received one of these in the mail or in the newspaper rather a holiday in the park coming this weekend December the second and third of the festival is really going to be a really nice festival we estimate probably 20 to 25 thousand individuals coming out to the parade itself parade starts at six thirty at the krogers on 270 and Main Street and we we hope to have everyone there council members and layer and so forth in the parade we understand this year we are throwing candy so that's a good thing I talked to Chris mr. Reid here this past week and and candy will be thrown from the floats we are asked in on a safety note that if you are throwing candy from a float that it be adults only not children for the simple fact we want to try to get the candy back into the crowd and keep this a safe event but just wanted to remind you December the second and third the festival holiday in the park you can go to holiday in the park org for more information Thank you Thank You calcium kini mayor the only comment I have is again keeping with the holiday themed festival under the trees is South Shore arbor Friday night they can contact interfaith carrying ministry for tickets that's it mayor Thank You Councilwoman Sanborn our echo council member Barbara and reference to the RF with the church hopefully we can work with them and see if we can get see what we can do to help them along with their church also I appreciate the windows wenzels patients with the construction there at a long haul museum and I appreciate Kaitlyn coming here tonight speaking before council I'm sure that mr. Reed is going to help them out I to attended the fallen heroes memorial and I just want a second that chief Daniels did an absolutely wonderful job there was a big turnout there were so many veterans there that were recognized and the families were there that whose names most of them whose names were on the monument and if you haven't gone out there to see the memorial you really need to do that it is a it's very touching it's a beautiful sculpture out there and thank you chief Daniels because I do appreciate being a part of that too mayor crews had just spoke I want to assure you that council is working on the smoking ordinance we have had a workshop on it it has been rewritten it has about a week and a half more of work on it there were a couple things that needed to be added in there the timeframe was that we're at just a couple of issues left on it and I'll be meeting with the city attorney in reference to the smoking ordinance and we should have it presented the next council meeting in December and we hope to start the new year off with a smoking ordinance a true smoking ordinance here in league city so that is something that is in the works and I do appreciate coming out and speaking on it and as your recommendation call right email we do appreciate the citizens support most of the feedback 99% of it has been very very positive and I think the citizens of League City and other places coming in to league city are going to enjoy going to a smoke-free environment to have dinner lunch breakfast hopefully we'll get all that ass and get that up in January and the last thing i have is holiday in the park we do invite all you to come out and enjoy that this friday Thank You mayor Thank You councilman nothing just a couple of points first one is as far as holiday park i encourage everybody to be involved with parades are usually a lot of fun and this year we've had mr. Collins has taken the candy issue under his arm and run with it and we will have candy this year which is a great thing so and also i want to thank ms Merritt Cruz as well he called me a few weeks back on a Sunday on my cell phone as the Cowboys were for the end of the game so I didn't give him the attention he deserved but but but I told him that I would look into it after talking with Miss Sanborn and listen to some of the points I agree with you and like I told you I'd look into it and I think you've got some support up here and it's some of your ideas we're very good in commendable thank you for your time and the last thing I want to bring up is as well notice we always bring up the council comments and we've done that for eight straight meetings about four or five months ago we had a workshop and we discussed as a group not all the council member were there i don't believe mr. Cohen was there we decided to move the council comments to the end like the mayor asked us and we did move to the end and for some reason every day we go through this shenanigan when we come in here and we vote to move them up not one person that I've seen as every one of the mayor said Mayor moon back up I think that would be the good thing to do if the people that are voting for it every way got voted against it every week but the people that are building about the cost council comments back up I would recommend one of them called the mare same air we want it back at the beginning and i'm sure you'd accommodate you thank you okay we will now that concludes our number 13 and the mayor's comments reports will be 14 which will be after several more items and since councilman barber and Councilman ted nelson failed to mention there was another football game last weekend so i'll probably address that one more time I'm going to get you now both it like a viewing else y'all do get here are you doing your comments down there no no I'm this little mount these are mine on comments that's why I clarified that back to item number 77 a through 7h staff has recommended this is the consent agenda staff has recommended that we we pull in definitely a so that will leave set 7b through 7 h mere electricals 7e also please okay Larry wants to pull 7e indefinitely that leaves seven be through d + 7 f through h i salute we approved b c d e f g h thanks regular counseling Ted Nelson's both motion to approve b c d e f g and h seconded by Councilman Jim Nelson the side room is now open for debate hearing none please vote point of Information Age guru consent agenda mari you're going to announce the vote go ahead yeah i'm just going to say you always unanimous motion passes it what is it is there any way at this point we can rescue the centerpoint item just for discussion purposes only just which marked the center point item that was one of the ones that staff has the pool which one is a ski is it too late and i do that at all well the shoe is use once one can make a motion to reconsider 7e or technically since it was told it was not a part of the motion to approve so if someone was from vicious making a motion to either approve or deny that that cannot afford it is it possible that i can just so bring it up to approve just for discussion purposes and then withdraw maybe after we do that it also like a motion to postpone yeah that i'd like to postpone I'd like to move that we postpone item e78 at this time miss Muir okay indefinitely okay counselor Barbara's made a motion to postpone item number seven II and second if I councilman Ted Nelson this item is now open for discussion okay the councilman Bartlett thank you honest typically isn't this the last step that we do before we open up streets like this to traffic or is this not am i incorrect in this when we accept the infrastructure the reason this one was pulled was because it hasn't been planted yet you know we would expect in the planning to have been completed prior to tonight's meeting anna has not invited so it has to be pulled okay that's interesting to me out now this was just the sub the part of walker street between here and 96 is that correct the towing league city parkway in city hall at the end of the street here okay and so is that are their cars driving on that street at this time as if I know I thought there were about I was told in there were it's a very small area centerpointe dr in the n96 oh that's all ok alright because i just want to be clear I want to do get this open as soon as possible so people can legally use these roadways and everything I just and also reason I even wanted to discuss this wasn't the cast a huge light on it but to let everybody know what's going on from this chambers at soon though at P&G agenda for december fourth ok so we'll have it at the council meeting in december probably okay thank you very work for a queen of all right thank you very much ok council kini I'm just asking for some clarification this is not actually down the street here it's on pants that correct it's past centerpointe dr i mean it's its centre pointe dr ok which is not i mean what if we pass this tonight those barricades down at the end of walker here would not disappear because that's not what we're considering the night correct those barricades are gone mister peeny a pervy okay so this is further down to and actually what it is it's it's the last little piece to get us all the way to 96 okay great thank you very much okay the motion on the floor supposed on by Calvin barber second by Councilman tad Nelson so with no further debate please vote motion to postpone is unanimous motion passes I didn't bring anyone oh yeah was going to go be well I had a most indifferent class but I didn't hit ok voting yeah I think we need any lights up here try again let's vote again all right just electricity okay unanimous but that's okay item number a report some staff members yes mayor I do have a report I'd like to remind Council that Tuesday December 5th at 9am will be the oral argument in the houston chronicle vs city of leeds city case in the Fifth Circuit New Orleans and they're still combinations available at the whitney hotel near the courthouse thank you I'm hobby them okay anything else Chris ok that is item number 8 item number 9 old business there is none item number 10 a consider take action on a resolution to amend the fee schedule for developments mittal's we're up move to approve councilman Collins made the motion to approve I second mr. barber calculate Thank You councilman barbers second to that item it is now open for discussion council makini well again once again I do when I think staff not only was a very informative it was you know council at that workshop work very well together I think there were 50 to sit that workshop but not only did I get insight on the fee structure but also the operation of the plant informants improvements that they've been making and I certainly appreciate those improvements thank you thank you any further debating this issue hearing none please vote for is unanimous motion passes ten be considering take action on a request to approve a private streets agreement for the village at Tuskens lake section two phase one so councilman Ted Nelson's made the motion to approve second second by Councilwoman Phyllis Sanborn this item is now open for discussion hearing none please vote ford is unanimous motion passes item number 10 C consider take action on the approval of additional funding for the purchase of a folding stuffer machine for the utility building department motion to exclude Councilwoman Sanborn has made a motion to approve Councilman Jim Nelson the second of that motion is now open for discussion here you nine please vote for izz unanimous motion passes item 10 d consider take action on the approval of an official act to redeem all or a portion of Lee city industrial development sales tax revenue bonds series 1995 marimekko motion to approve council keys made the motion to approve second by councilman Mike Barbour this item is now open for discussion I can't even council mccombs camara but just like to head mr. Morrill come up i guess and talk about this or cynthia brief overview of it Joe there's a lotta items over kind of push off spot for a catch you off guard there i'm certain i just want it in the door if we has look at them up and Maris accountant good evening the item on the agenda for calling that industrial development sales tax bonds was an IM vet as this broad eyes board exploration money says nothing they off the bus to go ahead and redeem them so they do have the opportunity to call the bonds on march first of 2007 they do have sufficient cash to make that payment and they're just asking your approval may be allowed to proceed and pay their dell and here behind that is it's that there would be interest rate on the bonds is certainly a high rate by doing refinancing on that we couldn't really reach economies because there's just not a whole lot of debt out also before they go out and sell that again we would want to knock those bonds out because of the legal requirements through port bond covenants the promises made to bondholders on the issuance of additional debt are somewhat restrictive market currently does not require cabinets that are as restrictive is that so I think it clears the way for issuance of dead in the future and saves saves money now okay councilman barber yeah thank you and one things that just doesn't make this all very put this all in layman's terms for anybody that wants to understand what we did if you had a let's say you had a credit card and then you took out a cash advance that you had to cash laying around and decide you weren't ready to spend it on what you originally had intended for and you're making payments on it you put into a savings account that's making you a little interest but your interest payments are more than what you're getting in and so while you're playing around and not ready to spend it yet why not just pay it all off and then whenever you do need to go back out and get that money again so that's basically what we decided to do it's hopefully going to put us in a better financial position in the future thank council makini just two additional points that all i had to that back in the since the nineteen ninety-five when these bonds were originally issued the sales tax revenues of the city have increased dramatically such that the excess funds that the industrial board received over that bond payment that is required as just sufficient so go ahead and go ahead and take care of these bonds and pay them off another item is that currently the 4 B has to hold assets of the sportsplex in order to justify the debt so that you have debt for your you know you have assets that you that you spent that money on and once this is paid off those assets can be transferred over to the city and just kind of improves the accounting of the whole night thank you any further questions debate no thank you Joe okay with no further de Valence issue please vote for is unanimous motion passes we now move out of 10 e considering take action to hire a farm to search for a city administrator there I'll make a motion that we request of staff to go out pull or fps or RFQs for a search firm to hire a city administrator and have that information Thank You counsel at the first meeting in January customer Collins has made the motion to go out and stretch staff to go out and put together an RFP or an RFQ which this one's a firm no no what I thought I would be I guess would be an RFP yeah and have that back for the first meeting in January or at the beach and Councilman Jim Nelson the second to that this item is now over for discussion council macomb just to clarify this for cynthia there yes so just to have the RFP back to council or consideration for our company to too hards what my intent was I'll place this only agenda because I think it's time that we even though Chris has done an outstanding job course I think it's time that we start the process of looking for a full-time city administrator otherwise we're going to be sitting here in another year from now with an interim city administrator and I think we need to show this city that we can hire city administrator and keep them here I've also done a little spreadsheet I would like to put it up because I read in the paper the other day that that we hired six I think it was six city administrators and the last four years which is really not correct and I would like to place a small chart with permission of the shirt mayor on the overhead to show the years and what city administrators that we did have here since 1996 and a ten-year period we had three full-time city administrators and the rest of them were we're in a city administrator shot I really don't believe the article thank you sir just place it up there but that's the main reason for going out for city a city administrator if you can see it may be a little bit smoking you focus at passing as you can see mr. finan was here for a six year period of time once mr. fighting left and i think that the mayor said in the paper that we needed to find out about first search and find out why people were leaving the city and i think i put off to the right the reasons that I believe people left the city mr. fighting left on his own will to take another job in pearland then we had mr. Chuck Harrington as a interim and then he took that job for another year in two months and left and retired from the city that's a total of seven years and eight months under the Harrison Frankovitch leadership under the Harrison and Mayor Schultz leadership we had Paul Davis that was here for one year was asked to leave by the mayor and then he had an interim mr. Michaelson and a full-time Chuck Pinto for one year one month and now we have mr. Reid for three-plus month as an interim city administrator so just want to clarify what the paper said was not true we actually had two to three full-time city administrators in the last ten years Thank You councilman kini well I'm going to support this this motion made by Councilman cones tonight simply because I think we do need to start the search are there improvements that need to be made probably so definitely there's always improvements to be made and I hope that that we certainly strive to make those improvements before we offer any person a job as the city administrator the i would rather this be done it differently than it's being done tonight i think that that it's certainly one way to find the new city administrator I've talked to the mayor in the past i think that the mayor needs to look at his position as being the chairman of the board we always hear we're going to run this city more like a business mayor needs to be chairman of the board we're board members and the only difference is is that we have the same stock ownership is every citizen we all have one and they've elected us to be their representatives and run this company I think the way to do this is that we target I think when the corporations look for new leadership at the top very top level they don't hire a headhunter which is essentially where we're going to do tonight they target who they want they look at what they look at their business they look at similar business they look at how those businesses are growing how those cities are growing the challenges that they're having the face and then they identify top candidates and they start the very top of their candidate list and that's what I've asked them there to do in the past it hasn't come about and that's the reason i am going to support this tonight because i think we need to get the ball rolling councilman barber I think mister man please don't want to speak just very briefly about this I also support this and I was actually quoted in the article and I think I was quoted very accurately although i'm not sure if it kind of came across in a very confrontational way and it really wasn't my intent fact after reading the article first call I made was to mr. weed himself letting him know that I've actually been very happy with how he's been performing I'm not trying to run him off and I don't think anybody here is and I wanted to make sure that's clear so I'm saying it again tonight it's not just kind of one of those things where people say the right thing and then just do something else this is a situation where when we all agreed to bring him on as interim how many of us wanted to see that timeline which one would actually do this and we got a feeling we're accountable to the citizens to to do that and so really this is more of a method of transparency of government as far as I'm concerned I will support this in that and then to toward that in one of the things that didn't we didn't make your word limit in the article was that I really do want us to work together on this because I think what the what the way our Charter is and people have interesting debates about strongly or weak mayor this and that and the other one very clear thing is that when you have something that there's an appointment by the mayor and subsequent necessity of confirmation by council it really works best if you work together so I just invite you to do that and let's get along really nicely and again i really enjoy the job chris is doing and and thank you and i will vote yesterday thank you before we vote let me just clear up a couple of things i think that the reporters that cover lake city do an absolutely wonderful job they do the best they can I've learned over my 18 months that most of my comments to the paper went absolutely possible or in writing by my assistant I do do some Google when I asked to as a favor the second thing is the chart up their father of Nick finance six years was under mayor mayor Frankovitch he left within months of I think Mayor Harrison being elected as far as the graph on mine the day I was elected who was at Paul Davis resigned which I have a great admiration for Paul because that is a very typical thing for city administrators to do when they are in an interim position so when I showed up to the office I did what I had to do which was to appoint an interim city administrator which is my cousin I also on my first day of being elected to this office extended the offer to chuck Pinto to beat the city administrator which was part became a large part of the campaign and I said I would do it and I did it on day one Chuck had to give 90 days notice and I respect that and for those 90 days we have to have a city administrator and I think that might also did a great job I think that Chuck Pinto did a great job I think I'm better for having worked under Chuck and I think the city's better off for having had him here for a year I don't have a problem starting the search never stopped looking the first person I found after Chuck penso left was Chris read the first person that I was seriously considered and I'm very I'm quite happy with the job that Chris Reed is doing I had sounds some emails to the people that I have accumulated and speak to and overwhelmingly the one thing I'm told is that shouldn't you know why the people that are leaving or leaving that seems reasonable to me and that's all I'm saying is that as we move forward with this search we need to know why their turnover is happening our form of government we currently have a strong mayor form of government that's a charter that the alternative that a lot of people say it's council-manager the main difference is that the the city manager is the CEO as opposed to the mayor there are other differences but that is a large one and at some point if we get a charter view committed we won't address that that's great I agree with the fact that we need to move forward I also think that we need to look at why we have the turnover we have as we move forward with this search so I have absolutely no problem with the timing this issue the motion of the floors by Councilman comes to approve the search mayor I'm on the debate okay go ahead on again I'm a little different with you mayor in the aspect that mr. Davis you know we talked to you before behind closed doors about this issue mr. Davis was asked to leave by mr. Carlson who was hired before mr. wow that's awesome left going at 11 more years here is that looking at this chart bear i just put off to your right the reasons for people leaving which i think you my opinion is fairly close but we really don't have a problem and stating that in the paper that all of these people have worked here and left the city half of them or interim city administrator so you really can't count that you're looking at three city administrators one left because you had a new administration with Mayor Harrison coming in another one leaving because he retired from city government and another one left for whatever reasons to go to to city of Seabrook so I really don't think we need to go out and do a complete search on why people are leaving for city administrators but I do different only with mr. Davis because he was asked to leave by your administration duly noted councilman Nelson I guess I got a chime in too now I take a little umbrage with what mr. Collins's chart it's an accurate and for all the people watching TV and all the people that are still here we all know an employee we got a great staff and people that work in league city or phenomenal people and most of us no one and if you know one I beg you go up and ask them why do you think the mayor's does up the administrators keep leaving a lot of the people and staff keep leaving you'll find out and it's very consistent with what what the mayor is trying to find out why they're leaving it's not what mr. Cohen has put this little color chart up there I can promise you that to ask a staff member an employee you know you'll get some I correct answers I promise you Thank You counsel Councilwoman Sanborn well the only way I'm going to believe why anybody left if that person tells me they're safe because anything else is going to be pure speculation I don't know why they laugh I don't know that any of us know for sure why they let the grass may have been greener somewhere else but you're never going to find out why somebody left in city government in state government and a job at NASA or a job at a bank unless you hear it from the horse's mouth anything else is going to be hearsay and I think they have for this reason or I think they left because of this reason and I'm not going to go back and say why somebody laughs want somebody say I'm just we have the staff that we have I appreciate all of you and I appreciate the people that work with you every day and I'm going to look at moving forward I'm not going to look backwards i am going to support mr. combs is motion tonight because i was told that when we hired a interim city administrator that we would move forth with looking for a permanent administrator i have no idea who that person is going to be but to go back and and find out wine and i shared it with the mayor I don't know that we're going to find out why so we can find out opinions but I don't think that we're going to find out facts so much we call the people back and said tell me why are you really lay out Thank You mayor thank you calcium Kenny yeah i'm not sure if you ever find out why people really leave sometimes unless it's you know hey I made by making more money someplace it's kind of hard to get that out of them but I guess my question is is did we conduct exit interviews or do we have on file exit interviews for any of these people here none is it do we conduct exit in their views for other staff members we don't connect exit interviews if I think it seems to me that there's over the last few months there's been a lot of discussion about employees we all want the best employees we can get we won the state long time we want them to feel productive in their jobs we want them to feel that those things that are necessary in order to keep employees around for a long time and I don't think we're going to really see any improvement until we start asking each and every single employee and all the way up to the city administrator and why they're leaving what could have been done different was it you know all those things and I'm not a human resources person so I would encourage as as I've seen improvement in other departments I would also encourage possibly putting together some type of enter exit interview if if that seems warranted I think it is Thank You councilman collies just to clarify one other thing the color chart up here that you see all of the information is public record came from the human resource department except the very last column the reason for leaving which I stated earlier that was my opinion so all the information is public record for you to look at thank you the motion of clears to approve and a staff to get us an RFP back by the first meeting in January by council co sex by Councilman Jim Nelson but no further debate please vote for is unanimous motion passes we move to 11a consider take action on the approval of an ordinance authorizing the issuance of city of League City Texas general obligation refunding bonds series 2006 lending an ad valorem tax approving an official statement authorizing the execution of a bond purchase agreement a transfer and paying agency agreement and an escrow agreement authorizing officials to approve the amounts interest rates prices and terms thereof and certain other matters relating thereto and other matters in connection therewith Council and Ted Nelson's made a motion to approve count seconded by Councilman Jim Nelson the to nelson's and it's now open for discussion hearing none we please vote for is unanimous we now move to item 12 table item subject to recall there are none item number 14 mayor's comments and reports first of all let me say that we will indeed be throwing candy in the parade and that parade is put on by League City al and I think those fellas over there especially Janice fallacy Betty Spacey on several other of those city activists work very hard for that parade and I think it is a wonderful event as is the the event at the park the parade hopefully we will be able to get plenty of candy out to the sides of the streets we will be throwing candy we will do it with as you know with the utmost to safety and mine and we will make sure that our kids get as much candy as they absolutely need I do I do mirror some of my fellow council members tonight as far as the very installment pastor in his church that that's the first time part of that quite frankly so I want to get involved in that tomorrow and see if there's anything we can do if there is that's great if not it that that's a shame but I know sometimes that's how it happens the noise issue again I agree with fellow council members is if you have a noise issue if you have an issue don't hesitate to call the police or call one of your council members 24-7 these guys are here to serve and so if you do have activity especially if it's suspicious activity don't hesitate to call if there's just activity feel free to call and let us know what's going on we are very responsive and just remember in the interim if you feel like you're not getting a straight answer if the city administrators is chris reed and he will make a decision on who handles your issue if you've gone through the ranks and you don't get any satisfaction if you go through chris reed and you don't get any satisfaction you call me but i will tell you that with the city staff that we have in place it just doesn't happen and as far as the newspapers i know that the other day fair called me from The Chronicle and he's the one that covers league city from a chronicle and does a just a darn fine job of it i might say as do all the reporters and he asked me my prediction on a game that we can the Aggies at UT and I as a one-third official you always want to act like you're in the know and I said Texas that I was not aware they had a football team so I had to try to cover a little bit i went ahead made a prediction i did predict Maggie's would win and I think Maggie's absolutely killed go ahead i'ma let you in right here and so then I did find that UT does have a team the mirror you really offering to you about it i want elect you to the college records where it talks about the cut large audience thank you congratulations though it's finally time the level we came back to life thank you that was a great game and we have a lot of Aggies a lot of Longhorns in this city and it's a lot of fun and it's another reason to bring people together and as far as the city administrator I want to say right now that I come in quiz read for taking this job and for the fine job that he's done and I hope that he seriously considers looking at this at a full-time job as we move this search forward Mary also want you to mention that the rice owls going to a bowl this year after 45 years is that 45 years since the rice okay go sir you heard it straight from Jim Nelson I'm that concludes item 14 items 15 items added at for electronic agenda there are nine item 16 layer yes sir for a point of order since I was the council person replaced item 16 and 17 only agenda i would like to pull both the items from the agenda okay excellent councilman Carl octuple item 16 and 17 from the agenda also they are officially pulled with no further business this meeting is adjourned you you {00:00:36}	{00:00:28} okay good afternoon we will call the city council meeting of the league city city council regular meeting November 28 2006 at 6pm to order only now call roll Gary Schultz here Ted Nelson here Mike Walden here Tommy combs here Chris Henderson is he mailed that he is tied up in court in Houston phyllis ann born here john kini here and jim nelson era we will move to item number two invocation pledge of allegiance to the US flag and pledge allegiance to the Texas flag invocation tonight is given by pastor Jean Paul set him who is here today did I get that right almost want you correct me so next time I'll know what is it Jan said that one you can close but you're very gracious person and I knew that somehow so this would be a good time to turn off phones and pagers and we will turn it over to the good referee Lord we're mindful that although we have a meeting here and we would like our wills to be done ultimately Lord we'd like your will to be done as the psalmist says not to us not to us but to your name bring glory we thank you Lord in this season of Thanksgiving that we live in this country how rich we are and we thank you Lord for the founders of this country and for those right now who are preserving the liberties and freedoms of this country overseas we ask for you to shine your blessing on the men and women who are allowing us to have this meeting right now in freedom and in openness and for the leaders of this country Lord we ask for you to give them wisdom and great discernment for the governors and the leaders of this state the same and for this august body Lord we ask the same wisdom and your discernment tonight Lord we'd ask that you would be here in a very real way allowing your will to be done so many of us Lord think that our will is best but we can't see the future as you can Lord we would ask then that your will would be done pray that you'd use these men and these women here tonight so that your goodwill would be our future it's in your name we pray amen missions to the life of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all online Jack supplied I pledge allegiance to the Texas one and indivisible alright we will now move to item number three approval of minutes we have October 24th regular meeting which improve their October 25th workshop and November first workshop second motion to approve by Councilman Ted Nelson seconded by the Councilwoman for the Sanborn all in favor okay now they're so approved we don't usually vote on those actually will we test them before the meeting and they did work so hopefully we will be typing tonight with no changes to the meetings they are approved item number for appointments proclamations presentations in a war consider and take action on appointments to boards and commissions the way the staff had listed this there are numerous of these appointments all of these or and I was told this is very clear in your packets they are all reappointments short of two new appointments which were vacancies Mara move to approve Council McCombs has made the motion to approve also going to counseling Jim Nelson second of that motion and it is now open for debate hearing them please vote or is unanimous motion passes with Councilman Samuelsson out and that will be the only time i'll record that unless he shows up item number 4 b presentation by mr. Scott beam with halls Hill caldron LLP on the proposed expansion of Tours number two victory lakes good evening my name is David Hosanna I was going to say that David you're not Scott I'm not Scott city of Houston Texas I'm the zone administrator for the taxi from this anonymity known as victory lakes tours you have an item on your agenda since at a public hearing day on December the 12 if you thought you prude you kind of just briefly give you a presentation a free presentation so you could just be aware this is about the board meadow nutters board mountain october 25th you really consider to bring forward send for City Council recommendations from the bars the reinvestment zone on number two to extend the area across from 646 in that triangular corner 646 945 in order to do this city council is required to hold a public hearing on the advisement of to redo the project plan finance plan and then consider an ordinance to actually enlarge the zone let me just make a few points here the purpose of the enlargement is to deal with the high costs related to development that property what we have here is mostly mobility and attention issues Walter would be extended from six continue to be extended from 646 to i-45 the developers on the property or not don't really need Walter to serve their development as they front 646 945 but of course we we the city and the terrors would certainly I think as all of us would want to see 646 coming a walker extended I 45 to complete at that road also there's a need to relocate the text our drainage on-site TxDOT there's actually a text us ranged easement through the property and that needs to be relocated and dealt with in order to develop that property otherwise appropriate be developed traditionally also the developers are proposing to do vertical wall detention which makes the cost a bit more but gives the ability to have more retail and more development take place so I think that's important to the city also of course the been made major components of this is our the super target and a home depot depending on you again let me just reiterate the project costs would only be seven million dollars related to this property that only relates to walk or related the tension as I mentioned before some de sel acceleration lanes on i-45 and offering a redo of off-ramp configurations on i-45 and so which all this is a benefit to the city the benefits more I think we should probably more interested in is the fiscal impact to the city and that is the standpoint that we we model this as your consultant we modeled this using two hundred and fifty dollars a foot gross foot on the retail space to calculate the sales tax the national average for these types of retail development centers is 270 regionally it's about 300 to 325 we think it's impaired to continue to position ourselves and contain the sales tax in this area instead of shipping it up to Webster so we see this as a opportunity to make sure that takes place on this property but we've modeled this there's only 18 years left in which doing this would not extend the left leg for the term of the charge the charge Henson 2024 no matter what so we're only talking about the time between now and 2020 for but you would based on the seven million dollar cause we're talking about over the term deters an additional fifty four million dollars in city revenues from sales tax and hot tax which we think is significant one of things we've talked had long discussions with developer about when they made the proposal and doing our due diligence on the behalf of the city deters was the fact that what do we like it or not we certainly found this out with with Cabela's and others and peril ends down and out with bass pro in order to get a super target in or a home depot their part of the deal unless they get the land given to them or you built building they're not coming they can go anywhere else to get that deal so the developers are having to compete regionally for these types of markets and differently elkin they don't need walker but we want walker then it makes it very owners for them to make that deal work economically so our standpoint is we give Walter extended we get detention we killed the text odd issues and we make the we do mobility improvements in the area so to bottom line according to our estimates the revenue schedule contained in the plan amendment the study would be considering that the public hearing is we could be giving up roughly three hundred fifty thousand dollars annually in ad valorem value-add valorem revenue in turn would be gained three million dollars annually for sales tax and we think that's a big plus for the city that's my my report of the terms or did bugging annesley to send this forward to the City Council for consideration they feel like it so it's really important to the city of League City that has this type of development occur I will stick States stand here before he has your consultant since 1999 and some of you were on the council at a time weren't mayor or I think you're only one left i think that's on the council that time i predicted I predicted that that if we did this project we knew that the roof toss would have to come first but that the retail would follow and an office development would follow and the other types of commercial development follow and has come on quicker than we really even expect it and it's coming on a higher value and a sales tax will come in at a higher value than what we had projected so I think it's really a good win for the sea and given the fact that you have the one-cent sales tax I mean they have cent sales tax for property tax reduction I think this bodes well for the city in the future that you can have continued to have further property tax reduction for this type of sales tax revenue and I really believe that once we finish up the new quote if you do this we can assist Stefan what's going on across the street in that corner probably just even in the tours itself will represent close to forty percent of the total city's total sales tax revenue which i think is a was much better than what we expected so that's my quick report obviously would likely a vote of the consent agenda set the public hearing will have a more full discussion about the plan and everything else the more than have to answer the questions any questions from anybody right now okay Dave you have the turfs board I thank you now move to item number five public hearing and action items from public hearing 5 a hold a public hearing on special use permit application number HUP 06 dash 08 crown castle coat location for an issue p on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower NPS legally described as a sub as a surface track 73 of the stephen f austin survey generally located north of west walker street and west of state highway 3 with the approximate address being 600 west walker street does anybody they'd like to speak to this item please come to the podium now we will open the public hearing at 612 seeing nobody we will close this public hearing at 613 and move to item number 5 be considering take action on ordinance amending ordinance number 200 524 for a special use permit on approximately 0.1 acres to co-locate cellular communications equipment on an existing cellular communications tower and p.s legally described as a surface track 73 of the surface of the stephen f austin survey generally located north of west water street and west of state highway through with the approximate address being 600 west walker street mayor luke to approve with conditions that landscaping is not required at this site councilman Cohen's has made the motion to approve with conditional upon landscaping not being required at this site Councilman Jim Nelson a second of this motion is now open for discussion councilman tad messy was the staffs recommendation based on the land statement the landscaping anything to do with it to the river I'm addressing this to the Stanford mendation and P and Z's approval included landscaping around the proposed cabinet and to obtain all require permits for building permits for installation what is uh mr. Collins's motion of taking out the landscaping actually do very firmly your recommendation on this sheet is no rig no landscaping required it's a city city facility correct the staff recommendation on the staff report is a minimum provide landscape and around the proposed cabinet is that different than what's on the data sheet on the data sheet it states here that subject to the condition of the landscape requirement not apply to this site the point of a machine how long katharine barbour i think is the second there's a no discrepancies between big one here okay the data sheet actually includes what p + z approved and the staff reporters with staff recommended okay thank you and with that said what is the staff recommending a stanford island it landscaping poz did not approve landscape yes are you recommending so that your colleges motion is contrary to what you're recommending actually is contrary to the staff recommendation but not to the pn z recommended understand thank you so much i appreciate council Jim Nelson oh it's my understanding there is no landscape in there now why why would we require landscaping on city property when there is no landscape that has been our processing procedure every time that a cell tower comes in p + Z usually would want landscape and around its staff went with that notion that they would want landscaping at this time yeah but it's a it's an existing tower it's been there for years we understand that sir it's a pleasure of counsel if you want to go with the landscaping staff recommended or with the P&G recommendation council McCombs again married lonely come after this is that it's the city of our own tower it's been there for at least 20 years I have no problem with putting landscaping but I don't think we need to put it on on their requirements of cram castle the city wants to put landscaping then I think we probably need to come up with a plan in one of our CIP zor or not but this is a city-owned meet at we're not there just leasing leasing this space on this tower itself so that's moment you sir okay thank you councilman Elsa who would pay for the landscape and they would correct council approve the recommendation of staff that this site would be landscaped with the tower then crown counsel will put it in if council does not approve that and council wants the city to put that in then city would come to counsel for some funding for that crown counsel is the ones asking us to do this right they're asking to co-locate on this tower yes sir it's great well I want to thank you all for trying to make big city prettier places wake up and motion on the floor is councilman colleges to approve with pnc recommendation of no Lance without landscaping seconded by Councilman Jim Nelson with no further discussion please vote for counseling barber cones Keaney Jim Nelson and Phyllis Sanborn oppose council Ted Nelson motion passes item 5c hold a public hearing on zoning change application z06 dash 22 South Shore day school to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 does anybody like to speak to that issue please come to the podium is open this public hearing at 618 and state your name for the record my name is Diane nail I'm the applicant for the rezoning request is it possible for me to approach with information yes ma'am I don't know what you have from the staff I think we probably have some okay just a little bit of information about me i am diane neal as i said i have been a childcare business owner and director for more than 15 years my first school was built in sugarland when it was developing much the same as the new development in league city that we're now looking at i have also an existing school in league city on 518 right across from the Clear Creek School System buildings both of my schools have been rated as planned three schools by the Texas licensing agency that is comparable to a five-star rating when you're looking at hotels we have an excellent relationship with the state we want to build in that area obviously because of all of the growth the growth there is state of the art and so we are planning a state-of-the-art facility our architect has designed a building that resembles our will resemble the tuscan lakes community center finished with stucco and stone it will be surrounded with the not only playground and the necessary amenities but landscaping and trees will be an asset for lead city because of the we knew that we will bring in it will be compatible with the area will bring high-quality child care and a very high quality preschool education program to the to the people in the area I have a number of families in my current school who are in the process of moving to that area and some have already moved and are eager to see us there there is no childcare actually existing in that immediate area there is a need for childcare along that route 96 and 646 out to i-45 I had with me before the pn z meeting gentlemen Greg crew thirds who is a father of two of my students he is the purchasing agent for Clear Creek schools and he spoke to the research that has been done the demographics and the extreme growth expected in that area and the immediate need for child care most of those families now are having to backtrack and drive into league city to the 518 area where I am currently located for child care we're planning an 8,000 square foot building with a capacity for 150 children some of our children will come from the same family so it's not going to be a high traffic business we will expect approximately a hundred and twenty to a hundred and twenty five families to come go during the drop-off and pickup hours with a few visitors through the day we have included in our packet some recommendation letters there is a letter in that packet from the adjacent property owner we are hoping in the future to purchase her property as well she is not at this time ready to sell she is is selling us part of her property and retaining the final four lives the staff recommendation was negative in that they would have preferred that we come with a rezoning request for the entire block and believe me we work for about six months on trying to do that but the property owner was just not ready at this time and we needed to move on so we're here with a request for eight of the of the 12 bucks do you have any questions for me oh there is a there the letter that I'm referring to is from her and she is very supportive of the project obviously because she is selling us a portion of her property she has an objection she just is not ready to to sell or to rezone herself at this time but she has indicated that in the future when she finds a suitable relocation spot that there would be an opportunity for us to buy at that time in which case we will be back before you with another rezoning request and I know from my understanding I mean we certainly welcome this type of business in lake city and pn z recommended approval staff recommended denial and from what i understand there's just some question as staffs mind as to whether or not there is adequate room is that correct mary is that the issue that we discussed that is the issue that staff discuss the from the site plan that was presented although we understand that this is not an official site plan that that you had there before you it doesn't appear that this site will be able to meet all of the development standards and requirements we just wanted to bring that to the attention of the applicant enter the attention of the council that it could be possible that with this rezoning and only zoning this portion of the block that some variances may be needed and we would like to see this develop without any variances is what we're asking at this time that if council is considering this zoning application that we still try to hold firm with all of the development standards that are in place if that air at that site and those were the other concerns our staff at the time that the recommendation was made and of course the issue of the spot zoning which we always like to bring to your attention whenever your zone in an area that doesn't have this particular just district adjacent to it and we always visit with the city attorney on those type of issues how is it that p and Z and staff see this this item differently because staff looks at it from a purely a land use perspective in terms of all of the outcomes and the ends of the product and pnc definitely looked at it from the standpoint of being a very suitable location for neighborhood commercial which staff does not disagree that it is a suitable location for neighborhood commercial we would just like to see the entire block rezone at this time to get away from the spot zoning issue rubber apartments are you going to stare have a problem history because they I'm sorry go ahead and marry it's open for debate now fellas it's because of the adjacent track being left the single family residential the ordinance would require some buffering between the daycare development and that single-family zoning district and meeting that buffer requirement the land statement requirements of parking requirements all issues that we wanted the applicant to be aware of and this particular site plan is showing shows the driveway coming off of Kentucky street I know the applicant mentioned that there traffic would not be that extensive but we will not be looking to support putting that type of traffic on a residential street so those are some types of issues that we wanted to make sure that are out there for consideration math stick to that when we had the site plan drawing it was very early on as a matter of fact we actually had two site plans are on one for the entire block which we hoped we would be coming with and when we learned finally that we would not be able to acquire those final four Lots we came with the second the plan B site plan so those were drawn very early on and really in an effort to see what we would like to put on that property it is certainly not final our contractor and architects as well as owners are interested in working with the city to meet any requirements that that you might have for us we are aware that the buffer zone would have to be a little bit wider than it would have had than the front requirement would have been had we not been adjacent to residential but we I have been assured that we do have the property to meet your requirements and I would like to assure you tonight that we will do that Cass McCombs think near miss chambers I have a couple questions for you manager stay up there and make everything I recommend to the south of what is it zoned I don't have a data sheet on my computer showing the zoning there's a shout that zone general commercial undeveloped single-family residential and sage street okay so you've got general commercial to the south and you have residential two adjacent to it okay how do you call this spot zoning because I thought because the the shift worker I thought with the spot zoning with it being a neighborhood commercial head back up to residential neighborhood commercial could back up to general commercial the spot zoning issue is due to the fact that this this is an is mid block councilman and I right adjacent to it is in single-family residential and it's all one block that's why we referred to as being spot zoning if it was a separate block it would not necessarily be as animals as it is obvious to staff rather as it is now that it is all one block and so you're taking a portion of one block and zone in it right but the given block is is not under the same ownership so well it is currently I think this person is purchasing it from the road so what we're doing is creating a situation right now it is currently under one ownership it's a purchase for the purpose of building the school is what i understand but when she purchased the property it's not going to be under all right she will be purchasing you over the other three session okay but that is our only concern is that issue that it is mid-block we do not dispute the fact that it would be a great location for neighborhood commercial we would just really like to see the entire block and just to point out the fact that if council does support the reason for this tonight and the applicant is not able to develop the track and neat variances it's going to put staff in a position where we'll be recommending against the variance is because there's no hardship because it's being self imposed with the rezoning okay besides the issues that you talked about on the set back in the driveway issue going out onto kentucky street what other issues that you have that may require variance at this time but I can't say since this is not an official site plan is being submitted we would really need to see the official site plan before we can say that we only brought those items out so that the applicant would be aware that those are some concerns that we have when when we do issues like this and resume the portion of the property with the development standards that we know exists as far as the buffer between the residential and the commercial that the landscaping the parking and all those other issues that are involved in the development the building is she may meet that because you don't see the total package though that's correct we just wanted to bring it to her attention that those are some items that we would be concerned Thank You councilman barber like mr. mayor first of all thank you not only for your coming for us to talk to us but also for bringing potentially bring another quality business like this I really like it and I I definitely want to lend my support but in doing so I want to thank you exhaust I want to make sure I don't do the wrong for the right reason so let me ask just a couple of quick questions now Mary and you bring out the possibility of sponsoring is that out of an abundance of caution through the fact that someone somewhere may interpret it that way any time we think that that issue is is out there we want to make sure the council is aware of it yes it is caution on our part and as far as something that council person on Sam born and I discuss it we've done some issues like this before in league city but we always as a staff want to make sure that we give you our professional opinion on it so you're aware of it now question for either you or Arnold in a situation that would be bringing forward whether or not this is would there be an aggrieved nearby landowner in this case the person who seems out opposed to this right now but who would be aggrieved by this that would bring the soup forward as an issue if it were spots them generally speaking the person who has the appropriate standing to be arguing that would be a contiguous property okay and so I think I feel much more comfortable knowing that there since they're not opposed to this the only thing that they didn't want to do is themselves as for the same zoning request right otherwise right so in other words I think I'm will not really a whole lot of risk care that's my feeling okay and this track does a join a road right of way that is not felt on the other side of that right of way is the corner block at the corner of 270 and 646 so I'm not really clear about the reference to a red block tract because it really it really adjoins the general commercial at that's like you got on the sample I am just a couple of questions most of my questions have been answered already but looking at the site map and the pitcher does the front of the building facing Kentucky or does it face to 70 that Barnes 270 the front face is very handsome so the back face backs up to Kentucky how close is the daycare going to be to the homes that I see between right next to each strawberry Mary do you see that and are they today's going to be difficult to say since this is not their official site plan so until they actually submit an official site plan we're probably just going to be speculating on those type of issues we just as a staff wanted Council to be aware that there may be some of those type of concerns and for the applicant to be knowledgeable of it as they submit their official status such a confident that that will meet the requirements for the buffer area to the homes that your site for yes our plan is for the building and of course well this will need to be approved by League City but our plan is for the building to be somewhat centered on the property and there will be play area and landscaped area in the back between the building and Kentucky and then in front between the building and 270 will be additional landscaping and a circular drive okay because with the children after school when they get out in and do their playing I wanted to make sure that if that there was the proper buffer zone with the homes that the back of the daycare was going to be facing right and and it will be fenced appropriately fancy right but there I have a daycare close to my house three thousand so I that they can be just a little bit playful in the afternoon I hear you and does it put us at risk with other businesses not necessarily on 270 Mary but in other areas throughout town where citizens can come and and use this as an example approval of an area well I think anytime council is making decisions on zoning issues you're going to have that possibility so that that's one reason why we like to make sure you're aware of all the issues of staff knows about Thank you Thank You Man Thank You councilman Nelson Mary what is the setback if it's a proof for CN yes it depends on how they situate the building I'm going to say but somewhat roughly situated like they have in their proposed site plan what would be there soon back off of lot 5 and 11 let me say 50 feet of 2530 it's going to be 33 DM and those Lots are only 65 feet wide looks like if that was it was just really depend on how how she's going to scale her building she may have to scale it down some and some of those other issues that she may have to deal with there's a chance she won't be able to cross half that lot I mean just going to cause because I understand what you're saying right if we approve today we might as well start a clothing variances right off the bat of the propeller actually the very system adobe to the Zoning Board of Adjustment I was being sarcastic oh sorry but as I stated before staff does not great this is there what you're on I agree with you thank you very much there is absolutely no sarcasm to display and neatly Council comes you have a total of twelve lots correct is that what is there to 12 blocks on the block we have purchased eight okay there are four additional would you consider maybe moving the parking or not having the parking in back yup is that an option for you everything is an option we as I said we really were making an effort to draw i plan to see what what might fit on that brought you mrs. but it is not set in stone of course and any necessary changes that we need to make we would be very cooperative Thank You counsel mckean mayor I just like to ask you to encourage stamp to have the minutes from the peon center eating available to council not the entire minutes but on any item where p NZ voted against staffs recommendation because it certainly can give me a better perspective of what went on during the p + Z meeting as well just mentioned people were in the bnz meeting and talk to the pn z meeting that we're not hearing tonight and so it just limits our ability to make decision I don't want to see all the minutes never do want to see all the minutes but just on these items where P NZ has gone voted against the recommendations of staff I think that's a reasonable request how would you like that in your packet electronically on email electronically the lake for each other packet okay email okay so Chris in the future if you guys would be more cognizant of where staff and so that I'm clear we're staff makes a different recommendation in PG we want to see the minutes of the pn z recommendations that correct yes well i think that's a regional recommendation i have one comment if i might you might Mark Lennon Schmidt is the gentleman that I worked with with the city and I noticed on the agenda that state staff recommends denial as presented and Mark explained to me that what that means is that it was presented as a request for a portion of the block and my understanding from mr. Lennon Schmidt was that that was basically their only real concern is that it was a spot zoning as opposed to a request for the whole block okay well well in and in the staff meeting what I was told it's just they're just concerns it's just like Mary articulated that you know and I want to say before we go because we're going to close this public hearing then we'll move to the vote I like this type of business I'm hopeful that you that you get your variance tonight at the same time I want to commend staff so that if it does in fact pass and you do come back that staff will be able to say we made a recommendation a certain time now we're being asked for variances as long as I just I think it's good that they're communicating with us and letting us know if you want to grant a variance great but there may be future variances so I appreciate your time to now councilman Cohen mayor just like to make a note of what you said I agree with you but your coloring of variance tonight no officer not a variant right this is a public hearing actually well I'm machine but this is not a variance is just a zoning change erotic that very clear we're not personal don't know that's true appearance tonight here I just looking at zoning issue thank you okay thank you very much is there anybody else that wants to speak to this issue I'm include for the record my name is James Malone and amazing coming before you on behalf of Shaffer Country Day School a wife Melissa and I have currently has a daughter Makenna Joe at a tense after country day school and should be three years old in January and she's been there since it's a kind of weeks old and I've learned better to come explain how we really feel about it we've been very blessed very fortunate to have school at Sunday school and we have been a resident here for 15 years and i really feel very fortunate very blessed the half earlier have a great Bertram not only just a day care which is school I teach the kids right now she'll be three years old in January she already saying her ABC's accounts and she's already had a lot of schools a lot of kids that we going to school at her age koenig orchestrate and we also having to be one of the residents that will be going to escalate my wife and I carnival in the home an testing like so it definitely a benefit of knowing for us but it's silly city there's not really a good quality day care or early one at all in that side of town she stated that till we currently will be driving across over 5 18 came back over but the life tonight a 95 every morning so definitely right on our way out and one thing that came across a big meeting was that right it's not going to be a full-scale all the Lots from one thing that did come out it was a good point i want Lee springy before you as well is that it's not like they're coming for you with a high traffic like it stop and go or a convenience store well there will be a lot of traffic coming on Kentucky or be a lot of into something got into that neighborhood so there will be a very beneficial to city as well as a lot of families and kids as well thank you thank you anybody else I'd like to speak to this issue singing now we will close this public for you vicinity that you're speaking of he's like signal and I would like to just make me ask some questions if I missed the meeting on november six for you always was discussing this particular topic of the rezoning on Oklahoma street I live on a corner of context-free nexus with a vacant lot which I think you're speaking of that and we're wondering about the rezoning that you plan to do in that area we are now residential and the wondering if we're going to be put into a commercial site here in the corner Kentucky and Oklahoma yes my address is three double three I think mary has an answer no the only reason that we sent you the notice is because you're within the 500 feet radius of the rezoning application that council is getting ready to take action on your property is not being razon dat this time okay you're the only person it's currently you can apply for rezoning on your property okay thank you that would be considering our church yes they'd have to do that you would have to file the application on your own behalf okay thank you you up thank you know anybody else seeing no we will close this public hearing at 644 and move to 5d consider and take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 1.2 acres from our SF 52 neighborhood commercial legally described as lots 1 through 4 and 7 through 10 block 257 of the dickinson townsite subdivision generally located north of FM 646 and west of FM 270 with the approximate address being in the 2900 block of FM 270 we are moved to approve the rezoning chemicals like calcium cones has been motionless on executive by Councilman Jim Nelson site um is now open for discussion hearing none please vote four is unanimous motion passes remove the item 5e held a public hearing to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering land we will over this public hearing at 6 45 anybody like to speak to this please come to the podium seeing none we will close this public hearing at 6 45 and move to item 5 F consider take action on orders to rename your claim to westwood drive as it extends from Maple Leaf Avenue to kettering lane the commerci 23 so Councilwoman Sanborn has made the motion to approve seconded by Councilman Tommy Collins this item is now open for discussion hearing none please vote for is unanimous motion passes now move to item number 6 you're already cutting them off getting in the hanging started that's a warning item number 6 citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residence persons having an ownership interest in property or a business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor members the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abused milliner slander any individual shall be cause for termination of time privileges and expulsion from council chambers and the first citizen is pastor Edwin I'm sorry amber bamberg thank you very much sir okay mayor shelton city council members as a stated my name is faster Edwin van Berg and my number one reason for being here tonight is that you strongly and seriously consider reducing the capital recovery fees and the service connection fees so that we can proceed with constructing our church this has been a two-year process for us we ran into some serious architectural problems where we had to change the footprint of our building we do have approved site plans they did May seventeenth of 2005 we run into a number of setbacks we were prepared to pay the amount for the permit so that we can move forward with our project however the amount that we were asking to pay to pay is thirty two thousand seven hundred eighty six dollars we were prepared to pay fifteen thousand two hundred seventy two dollars so that amount almost doubled which is preventing us from moving forward with our construction project so we ask that you would seriously consider reducing that amount from the thirty two thousand seven hundred eighty six dollars to the fifteen thousand two hundred seventy two dollars so that we can move forward with our project we have a steel that's going to be delivered on December than 15 and the amount of two hundred fifty two thousand dollars unless we can get the permit we will not be able to draw down on the loan that we have to pay prospect so it's a it's really impacting our progress impacting what we're trying to do with our church so we ask that you seriously consider that thank you very much thank you Pastor galeen wenzels good evening mayor Schultz and council my name is Galen wenzel and i live at 1300 coryell the corner of coryell and Landrum which would be the east side of the butler museum and we have endured construction noise since this whole thing has started everything from the parking lot being scraped clean cement trucks being up of backing of every kind machinist heavy equipment there is everything from bulldozers the backhoes to cement and dump trucks have come up and down Landrum which is a very narrow street and the side of our house is approximately 75 feet from the new staging area that's been put on that side of the museum we never complain because when you near being into it and we know that progress means noise and all of that but we felt like most of it is done the parks part is evidently mostly done but the noise ordinance was never explained to the contractors we actually had everything starting in the morning with the heavy equipment and the dinging at six o'clock and when the elevator was being put in and constructed we actually had people over there working 24 hours a day all through the night to dinging all through the night the banging and the climate and we never made one one request of the police department we just indoors I would appreciate it if someone would communicate through your department heads or however you choose to do it to communicate with the contractors that there is an ordinance there is a noise ordinance in the city and that it does need to be a because we are you are into the museum in a residential area zoned residential I can't put a business in there and I can't live in the commercial property that we have on Main Street next to live up to the donut shop so the museum coming in and doing that kind of thing is really really hard for us to abide landrum streets been torn up asphalt's been broken off the sides it now has a drop-off across the street from our driveway of approximately six to eight inches and that may not seem like much to most of you but we have a 36-foot RV that we have to pull in and out of there and that has been the margin of error because now trying to make a wide turn and come in or trying to make the wide turn and come out as put our truck into a bind and it's almost allowed the fifth wheel to come down on the back end of the truck because it's so uneven so we really would appreciate it if you would send someone out there to talk to us about doing something about repairing at least that section and that would be there where the little of em'll it is next to the utility pole weather buddy the brush has been cut down and people have been coming in and now they're to do construction with the heavy equipment I'm not going to complain about the amplification the noise for your big deal weekend before Lana because I know that was probably a great thing and we know that's what the museum is all about but we would appreciate it if you realize that we are residential there and that anything is time that that anything that's done in that residential area next to our house is really really difficult for us to live with on weekends or during the week I'm almost through the trucks coming in and now that opening on Landrum Avenue unloading getting things ready for the party etc cause lights to flash on our bedroom and threw our windows and they'd parked on land which is very narrow and we couldn't really get in very well with our truck and out with our truck just on a daily basis backing in and out of there our concerns will be to the fact that we are residential in that area and whatever impacts the museum on the outside of it on that will impact us directly and I've been hearing some really good things tonight it made me feel really hopeful and positive as far as your sensitivity to some of these buffer zones for commercial versus residential and so I really feel that I have found a friend and Councilman layer I hope it sounded very positive to me and I'm happy about that I would appreciate it if you would make sure that anyone who utilizes the outdoor facilities should be sensitive to the surrounding residence I would also appreciate being notified the museum is put on the agenda so that I might have some communication and feedback this is very difficult just to put information out not get feedback and I know it's a state law thank you for your talking to you very much kaylyn and Chris our city administrator I will send someone out tomorrow or in the next few days to look at your situation I have spoken to about five to seven people including your city secretary yesterday or day before and I really haven't found a person who is going to make a decision on who handles what but I didn't make that young wru it's nice to me it's good I really appreciate that it's been a play may not handle it but he'll make the decision that's all that matters as long as somebody's going to make a decision right yeah thank you so much every time thank you our next citizen is Miss Peggy zahler mayor council staff my name is Peggy sailor and I recited 1802 rampart into every village I'd like to address the gender item 10a I attended the city council meeting where Miss chambers brought forward her plan for the changes in the development fees I attended the workshop and I also attended the city council meeting the last City Council meeting and I will tell you if this was Mary's idea to come forward and try to be sure that whatever business we conduct that at least we cover our costs I publicly applaud her because I think that's really important when I saw the chart I really thought it was a no-brainer from a taxpayer standpoint I thought whoever does business in League City whoever comes forward at least let them pay their way working in contracts I know that periodically there have to be incentives provided I understand that but but I do look at the monumental growth that we had in league city and I wonder why as a taxpayer I would be asked to subsidize a for-profit business it doesn't make sense to me and so I listen to the questions that were asked and I can understand the concerns about the significant increases in the fees but that's what happens when we don't have process in place and we're monitoring the cost impact of how we're doing business so as a taxpayer I personally don't care if it's a three hundred percent increase because that says for many years we the taxpayers have been subsidizing activities in the city and I'd like for it to stop and I would like to ask you that as you deliberate perhaps you set a goal that if we're looking at addressing the issue of fees then let's set it to where we're not asking the taxpayers to subsidize businesses the only other comment I want to make is where we're looking at possibly entertaining the idea of grandfathering businesses in I would say from a taxpayer standpoint unless you have something in writing that says when these businesses or developers came in that the fees that we're in place then are frozen for whatever phase the development is going to follow on and the no that's the cost of doing business that's real life you know things change it's tough out there but I would hate to think because something happened a couple of years ago there's no legal obligation as I understand it that we have to freeze those fees then don't ask me to continue to pay for that it's really not fair so thank you very much Mary coming forward I hope that as you deliberate and keep the taxpayer in the forefront of your mind thank you k our next citizen is Miss Joanna sharp hello mayor and council I am the president of the butler donor museum board and have been almost since its inception and I have to apologize to the windows because they've been very patient we on the board know that ever since the inception they've been worried about the increased traffic over there and I can vouch for city people who have worked hard trying to place the parking lots and divert some of that noise in putting those things in place so we are listening we have been listening and I was there of course all day on saturday the 18 it didn't seem extremely noisy to me they had music for spread answers but there was a big traffic problem i'm told parking was not big enough for the traffic that was pulled in for this event so that's something that remains in the future to be dealt with and i want to say that all the beautiful land around the house is public park funded by Texas Parks and Wildlife and will be operated according to regular park rules I'm sure so maybe that will give our all the confidence about the noise most of the noisy construction is just about done so thank you for having the opportunity to talk tonight always opponent and Diane and James had already spoken so that can they let the lake in here to be on the sunday please okay why don't you come up and get your three minutes actually the bill stuffed bell pepper night if the kids home and I'll stop it out there so I could leave that early heading each of you a photograph and smokey guess when it's time is officially running now so tell me what my time starts ok it start ok good evening on bellaire on boat council members i'm leonard crews i live in 1904 claiborne drive here in each city then there are 36 years i have 38 years old to get in league city i realize there are many more pressing matters that the council is facing these days however it's always a good time to protect the health safety and welfare of our citizens of those who come into our community now's the time for amendment of the city smoking artist apprentice smoking in all restaurants workplaces in other enclosed spaces that subject persons to the effects of second-hand smoke earlier this month was the American Cancer Society's great American spoke in his Dear Abby pointed out in her column she pointed out in her call that the US Surgeon General issued the first report in 20 years on the health effects of involuntary exposure to secondhand smoke in which it was related the children and adults who do not spoke in are exposed to secondhand smoke suffer premature death and disease exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary artery disease and lung cancer children exposed to secondhand smoke are at an increased risk or sudden infant death syndrome syndrome acute respiratory infections ear problems in more severe asthma as well as respiratory symptoms and slower leg room scientific evidence indicates that there is no safe level a secondhand smoke an estimated 126 million Americans both children and adults artists are exposed to secondhand smoke in their homes and workplaces in spite of substantial progress in topography tobacco control and eliminating smoking in indoor spaces totally protects non-smoking eliminating smoking in indoor spaces fully protects non-smokers from exposure to secondhand smoke separating smokers from you might have I been at nah go ahead for secondhand separating men smokers from non-smokers cleaning their in ventilating buildings does not eliminate the exposure of non smoker to secondhand smoke Terry Foley of Kelly's and Steve Brenda mr. Bob dog standard desire so the council amend the smoking ordinance so that the prohibition will be universal with each city of brother that each of them unilaterally imposing such policy in their venues they being conscientious about the effects of secondhand smoke but having concerned about the effect of such on their business if all such venues in which city do not voluntarily follow their policy if they alone were to prohibit any smoking in their venues well I did not visit it personally while it was there the recent exhibit body works at the yeast amuse iam of Natural Science included a set of human loads that at one time belong to this motor I did see the color photograph that appeared in The Chronicle these shriveled up lungs were monochromatic that is they were lacking in color other than and we're obviously like charcoal instead of the bright brilliant red color that one would find in a healthy set of lungs my roommate when we were seniors at Texas A&M recently underwent removal of his right lung as a result of years of smoking employee quick two years ago he is post-surgery seven weeks now but making progress in his recovery but in recent follow-up visit it was determined that he now has malignant lumps on his back that interfaced with the right lung the result of vesta sizing of the cancer from the lumber Portman's removed now he is having to undergo radiation and chemotherapy for that condition with the prognosis being somewhat uncertain at this time you always your positions of responsibility to the citizens of this community and those who visit from other communities can save lives and prevent disease by the amendment of the smoky artists that the other municipality is throughout the county have done including several year in Gallatin County and prohibiting smoking altogether in restaurants in workplaces and other venues where people get or indoors don't you know what a grand feeling that you will experience in playing a part in protecting the health of other folks and for benefit of those in the audience business mokey Mokey's another try to cut down myself in conclusion then I ask all of the citizens who are viewing this on channel 16 to email telephone fax or however you can too unless the support of council to amend the smoking ordinance as I have outland and I thank you very much for your time and consideration and allowed me to rectify the only monster today all right thank you very much better okay that concludes item number six we will now move to item number seven which is against the acerbic you to third like to spend the rules and loop of item / 13 please councilman jim Nelson's made a motion to suspend the rules and move item number how 1300 second / accountable we can't counseling Keaney a second to that motion notice that there's no debate on that but we'll discuss it at the retreat so Nelson Councilman Jim Nelson has made the motion to suspend the rules that move it up and counseling keenya second at that motion and now please vote for councilman barber cones Keaney and Phyllis Sanborn if I was councilman Ted Nelson right now moved out of number 13 councilmember comments in report Councilman Jim Nelson well yes mayor thank you very much first of all I talked about the seniors dance marna the senior dance be held at the Civic Center at 7pm everyone is invited it's a wonderful time to get out and dance you don't have to be a senior to come second thing I like to talk about is the memorial out at our sportsplex like to thank again chief daniel for its splendid work getting that memorial to us let me tell you this it's a it's a it's a much more expensive more memorial than what we actually paid for it and we really made out real well anybody that hasn't been out to the sportsplex i would recommend that you go out and take a look at the memorial or artists are absolutely gorgeous next thing is the library happenings the hell of all library we're going to have an open house please join the staff library board and Friends of the Helen hall library at the annual holiday open house Thursday November 30th that's this coming thursday at four thirty p.m. until 630pm Santa will arrive at five fifteen PM lighting the tree ceremony will take place at the tree in front of elet hall library on November 30th also at 630pm lighting of the tree is co-sponsored by the League City Parks and Recreation Department and the Knights of Columbus number 93 m special guest apparently made by Santa Claus and music provided by the league city elementary school choir so one out enjoy yourself that's all I ever Thank You councilman Barbara Thank You mr. mayor um some of the people that I would have liked to made some comments too i think i've already exited but let me just say a few things first of all if anybody can help figure out a solution to the CRF issue with the church without putting us at the same type of risk that we just discussed that the previous meeting i really love to hear it i think that's a really sincere hardship that they're facing another thing is the the story about the construction that that was going on at 6am and I don't really need to speak specifically to that site species she's not here anymore but in general somebody's breaking the noise ordinance please any citizen that knows about that let us know one morning I happen to wake up around six a.m. and my entire house was flooded with light I had walker street built right next to my house something I knew was going to happen and just like she talked about I felt like that's progress and we you know you'll deal with it for a small amount of time but at 6am the lights for the house and there's a lot of noise out and I made a call to our at the time our public works director is no one with the city and it was the last time it ever had and so we'll get these things taken care of that's my point and so please let us know and I think that that's the only thing else I wanted to address at this time I appreciate the comments of everybody including you for taking your your time at the podium to help us understand things from your parts of you Thanks Thank You councilman cold I think I got it figured out tonight every time mr. Nelson calls for the council meeting or the comments to be lived up he gets to go first i was like i could go past the bottom i think i'm gonna try that next time I I just figured that one out but on a better note here I wanted to remind everyone you should have received one of these in the mail or in the newspaper rather a holiday in the park coming this weekend December the second and third of the festival is really going to be a really nice festival we estimate probably 20 to 25 thousand individuals coming out to the parade itself parade starts at six thirty at the krogers on 270 and Main Street and we we hope to have everyone there council members and layer and so forth in the parade we understand this year we are throwing candy so that's a good thing I talked to Chris mr. Reid here this past week and and candy will be thrown from the floats we are asked in on a safety note that if you are throwing candy from a float that it be adults only not children for the simple fact we want to try to get the candy back into the crowd and keep this a safe event but just wanted to remind you December the second and third the festival holiday in the park you can go to holiday in the park org for more information Thank you Thank You calcium kini mayor the only comment I have is again keeping with the holiday themed festival under the trees is South Shore arbor Friday night they can contact interfaith carrying ministry for tickets that's it mayor Thank You Councilwoman Sanborn our echo council member Barbara and reference to the RF with the church hopefully we can work with them and see if we can get see what we can do to help them along with their church also I appreciate the windows wenzels patients with the construction there at a long haul museum and I appreciate Kaitlyn coming here tonight speaking before council I'm sure that mr. Reed is going to help them out I to attended the fallen heroes memorial and I just want a second that chief Daniels did an absolutely wonderful job there was a big turnout there were so many veterans there that were recognized and the families were there that whose names most of them whose names were on the monument and if you haven't gone out there to see the memorial you really need to do that it is a it's very touching it's a beautiful sculpture out there and thank you chief Daniels because I do appreciate being a part of that too mayor crews had just spoke I want to assure you that council is working on the smoking ordinance we have had a workshop on it it has been rewritten it has about a week and a half more of work on it there were a couple things that needed to be added in there the timeframe was that we're at just a couple of issues left on it and I'll be meeting with the city attorney in reference to the smoking ordinance and we should have it presented the next council meeting in December and we hope to start the new year off with a smoking ordinance a true smoking ordinance here in league city so that is something that is in the works and I do appreciate coming out and speaking on it and as your recommendation call right email we do appreciate the citizens support most of the feedback 99% of it has been very very positive and I think the citizens of League City and other places coming in to league city are going to enjoy going to a smoke-free environment to have dinner lunch breakfast hopefully we'll get all that ass and get that up in January and the last thing i have is holiday in the park we do invite all you to come out and enjoy that this friday Thank You mayor Thank You councilman nothing just a couple of points first one is as far as holiday park i encourage everybody to be involved with parades are usually a lot of fun and this year we've had mr. Collins has taken the candy issue under his arm and run with it and we will have candy this year which is a great thing so and also i want to thank ms Merritt Cruz as well he called me a few weeks back on a Sunday on my cell phone as the Cowboys were for the end of the game so I didn't give him the attention he deserved but but but I told him that I would look into it after talking with Miss Sanborn and listen to some of the points I agree with you and like I told you I'd look into it and I think you've got some support up here and it's some of your ideas we're very good in commendable thank you for your time and the last thing I want to bring up is as well notice we always bring up the council comments and we've done that for eight straight meetings about four or five months ago we had a workshop and we discussed as a group not all the council member were there i don't believe mr. Cohen was there we decided to move the council comments to the end like the mayor asked us and we did move to the end and for some reason every day we go through this shenanigan when we come in here and we vote to move them up not one person that I've seen as every one of the mayor said Mayor moon back up I think that would be the good thing to do if the people that are voting for it every way got voted against it every week but the people that are building about the cost council comments back up I would recommend one of them called the mare same air we want it back at the beginning and i'm sure you'd accommodate you thank you okay we will now that concludes our number 13 and the mayor's comments reports will be 14 which will be after several more items and since councilman barber and Councilman ted nelson failed to mention there was another football game last weekend so i'll probably address that one more time I'm going to get you now both it like a viewing else y'all do get here are you doing your comments down there no no I'm this little mount these are mine on comments that's why I clarified that back to item number 77 a through 7h staff has recommended this is the consent agenda staff has recommended that we we pull in definitely a so that will leave set 7b through 7 h mere electricals 7e also please okay Larry wants to pull 7e indefinitely that leaves seven be through d + 7 f through h i salute we approved b c d e f g h thanks regular counseling Ted Nelson's both motion to approve b c d e f g and h seconded by Councilman Jim Nelson the side room is now open for debate hearing none please vote point of Information Age guru consent agenda mari you're going to announce the vote go ahead yeah i'm just going to say you always unanimous motion passes it what is it is there any way at this point we can rescue the centerpoint item just for discussion purposes only just which marked the center point item that was one of the ones that staff has the pool which one is a ski is it too late and i do that at all well the shoe is use once one can make a motion to reconsider 7e or technically since it was told it was not a part of the motion to approve so if someone was from vicious making a motion to either approve or deny that that cannot afford it is it possible that i can just so bring it up to approve just for discussion purposes and then withdraw maybe after we do that it also like a motion to postpone yeah that i'd like to postpone I'd like to move that we postpone item e78 at this time miss Muir okay indefinitely okay counselor Barbara's made a motion to postpone item number seven II and second if I councilman Ted Nelson this item is now open for discussion okay the councilman Bartlett thank you honest typically isn't this the last step that we do before we open up streets like this to traffic or is this not am i incorrect in this when we accept the infrastructure the reason this one was pulled was because it hasn't been planted yet you know we would expect in the planning to have been completed prior to tonight's meeting anna has not invited so it has to be pulled okay that's interesting to me out now this was just the sub the part of walker street between here and 96 is that correct the towing league city parkway in city hall at the end of the street here okay and so is that are their cars driving on that street at this time as if I know I thought there were about I was told in there were it's a very small area centerpointe dr in the n96 oh that's all ok alright because i just want to be clear I want to do get this open as soon as possible so people can legally use these roadways and everything I just and also reason I even wanted to discuss this wasn't the cast a huge light on it but to let everybody know what's going on from this chambers at soon though at P&G agenda for december fourth ok so we'll have it at the council meeting in december probably okay thank you very work for a queen of all right thank you very much ok council kini I'm just asking for some clarification this is not actually down the street here it's on pants that correct it's past centerpointe dr i mean it's its centre pointe dr ok which is not i mean what if we pass this tonight those barricades down at the end of walker here would not disappear because that's not what we're considering the night correct those barricades are gone mister peeny a pervy okay so this is further down to and actually what it is it's it's the last little piece to get us all the way to 96 okay great thank you very much okay the motion on the floor supposed on by Calvin barber second by Councilman tad Nelson so with no further debate please vote motion to postpone is unanimous motion passes I didn't bring anyone oh yeah was going to go be well I had a most indifferent class but I didn't hit ok voting yeah I think we need any lights up here try again let's vote again all right just electricity okay unanimous but that's okay item number a report some staff members yes mayor I do have a report I'd like to remind Council that Tuesday December 5th at 9am will be the oral argument in the houston chronicle vs city of leeds city case in the Fifth Circuit New Orleans and they're still combinations available at the whitney hotel near the courthouse thank you I'm hobby them okay anything else Chris ok that is item number 8 item number 9 old business there is none item number 10 a consider take action on a resolution to amend the fee schedule for developments mittal's we're up move to approve councilman Collins made the motion to approve I second mr. barber calculate Thank You councilman barbers second to that item it is now open for discussion council makini well again once again I do when I think staff not only was a very informative it was you know council at that workshop work very well together I think there were 50 to sit that workshop but not only did I get insight on the fee structure but also the operation of the plant informants improvements that they've been making and I certainly appreciate those improvements thank you thank you any further debating this issue hearing none please vote for is unanimous motion passes ten be considering take action on a request to approve a private streets agreement for the village at Tuskens lake section two phase one so councilman Ted Nelson's made the motion to approve second second by Councilwoman Phyllis Sanborn this item is now open for discussion hearing none please vote ford is unanimous motion passes item number 10 C consider take action on the approval of additional funding for the purchase of a folding stuffer machine for the utility building department motion to exclude Councilwoman Sanborn has made a motion to approve Councilman Jim Nelson the second of that motion is now open for discussion here you nine please vote for izz unanimous motion passes item 10 d consider take action on the approval of an official act to redeem all or a portion of Lee city industrial development sales tax revenue bonds series 1995 marimekko motion to approve council keys made the motion to approve second by councilman Mike Barbour this item is now open for discussion I can't even council mccombs camara but just like to head mr. Morrill come up i guess and talk about this or cynthia brief overview of it Joe there's a lotta items over kind of push off spot for a catch you off guard there i'm certain i just want it in the door if we has look at them up and Maris accountant good evening the item on the agenda for calling that industrial development sales tax bonds was an IM vet as this broad eyes board exploration money says nothing they off the bus to go ahead and redeem them so they do have the opportunity to call the bonds on march first of 2007 they do have sufficient cash to make that payment and they're just asking your approval may be allowed to proceed and pay their dell and here behind that is it's that there would be interest rate on the bonds is certainly a high rate by doing refinancing on that we couldn't really reach economies because there's just not a whole lot of debt out also before they go out and sell that again we would want to knock those bonds out because of the legal requirements through port bond covenants the promises made to bondholders on the issuance of additional debt are somewhat restrictive market currently does not require cabinets that are as restrictive is that so I think it clears the way for issuance of dead in the future and saves saves money now okay councilman barber yeah thank you and one things that just doesn't make this all very put this all in layman's terms for anybody that wants to understand what we did if you had a let's say you had a credit card and then you took out a cash advance that you had to cash laying around and decide you weren't ready to spend it on what you originally had intended for and you're making payments on it you put into a savings account that's making you a little interest but your interest payments are more than what you're getting in and so while you're playing around and not ready to spend it yet why not just pay it all off and then whenever you do need to go back out and get that money again so that's basically what we decided to do it's hopefully going to put us in a better financial position in the future thank council makini just two additional points that all i had to that back in the since the nineteen ninety-five when these bonds were originally issued the sales tax revenues of the city have increased dramatically such that the excess funds that the industrial board received over that bond payment that is required as just sufficient so go ahead and go ahead and take care of these bonds and pay them off another item is that currently the 4 B has to hold assets of the sportsplex in order to justify the debt so that you have debt for your you know you have assets that you that you spent that money on and once this is paid off those assets can be transferred over to the city and just kind of improves the accounting of the whole night thank you any further questions debate no thank you Joe okay with no further de Valence issue please vote for is unanimous motion passes we now move out of 10 e considering take action to hire a farm to search for a city administrator there I'll make a motion that we request of staff to go out pull or fps or RFQs for a search firm to hire a city administrator and have that information Thank You counsel at the first meeting in January customer Collins has made the motion to go out and stretch staff to go out and put together an RFP or an RFQ which this one's a firm no no what I thought I would be I guess would be an RFP yeah and have that back for the first meeting in January or at the beach and Councilman Jim Nelson the second to that this item is now over for discussion council macomb just to clarify this for cynthia there yes so just to have the RFP back to council or consideration for our company to too hards what my intent was I'll place this only agenda because I think it's time that we even though Chris has done an outstanding job course I think it's time that we start the process of looking for a full-time city administrator otherwise we're going to be sitting here in another year from now with an interim city administrator and I think we need to show this city that we can hire city administrator and keep them here I've also done a little spreadsheet I would like to put it up because I read in the paper the other day that that we hired six I think it was six city administrators and the last four years which is really not correct and I would like to place a small chart with permission of the shirt mayor on the overhead to show the years and what city administrators that we did have here since 1996 and a ten-year period we had three full-time city administrators and the rest of them were we're in a city administrator shot I really don't believe the article thank you sir just place it up there but that's the main reason for going out for city a city administrator if you can see it may be a little bit smoking you focus at passing as you can see mr. finan was here for a six year period of time once mr. fighting left and i think that the mayor said in the paper that we needed to find out about first search and find out why people were leaving the city and i think i put off to the right the reasons that I believe people left the city mr. fighting left on his own will to take another job in pearland then we had mr. Chuck Harrington as a interim and then he took that job for another year in two months and left and retired from the city that's a total of seven years and eight months under the Harrison Frankovitch leadership under the Harrison and Mayor Schultz leadership we had Paul Davis that was here for one year was asked to leave by the mayor and then he had an interim mr. Michaelson and a full-time Chuck Pinto for one year one month and now we have mr. Reid for three-plus month as an interim city administrator so just want to clarify what the paper said was not true we actually had two to three full-time city administrators in the last ten years Thank You councilman kini well I'm going to support this this motion made by Councilman cones tonight simply because I think we do need to start the search are there improvements that need to be made probably so definitely there's always improvements to be made and I hope that that we certainly strive to make those improvements before we offer any person a job as the city administrator the i would rather this be done it differently than it's being done tonight i think that that it's certainly one way to find the new city administrator I've talked to the mayor in the past i think that the mayor needs to look at his position as being the chairman of the board we always hear we're going to run this city more like a business mayor needs to be chairman of the board we're board members and the only difference is is that we have the same stock ownership is every citizen we all have one and they've elected us to be their representatives and run this company I think the way to do this is that we target I think when the corporations look for new leadership at the top very top level they don't hire a headhunter which is essentially where we're going to do tonight they target who they want they look at what they look at their business they look at similar business they look at how those businesses are growing how those cities are growing the challenges that they're having the face and then they identify top candidates and they start the very top of their candidate list and that's what I've asked them there to do in the past it hasn't come about and that's the reason i am going to support this tonight because i think we need to get the ball rolling councilman barber I think mister man please don't want to speak just very briefly about this I also support this and I was actually quoted in the article and I think I was quoted very accurately although i'm not sure if it kind of came across in a very confrontational way and it really wasn't my intent fact after reading the article first call I made was to mr. weed himself letting him know that I've actually been very happy with how he's been performing I'm not trying to run him off and I don't think anybody here is and I wanted to make sure that's clear so I'm saying it again tonight it's not just kind of one of those things where people say the right thing and then just do something else this is a situation where when we all agreed to bring him on as interim how many of us wanted to see that timeline which one would actually do this and we got a feeling we're accountable to the citizens to to do that and so really this is more of a method of transparency of government as far as I'm concerned I will support this in that and then to toward that in one of the things that didn't we didn't make your word limit in the article was that I really do want us to work together on this because I think what the what the way our Charter is and people have interesting debates about strongly or weak mayor this and that and the other one very clear thing is that when you have something that there's an appointment by the mayor and subsequent necessity of confirmation by council it really works best if you work together so I just invite you to do that and let's get along really nicely and again i really enjoy the job chris is doing and and thank you and i will vote yesterday thank you before we vote let me just clear up a couple of things i think that the reporters that cover lake city do an absolutely wonderful job they do the best they can I've learned over my 18 months that most of my comments to the paper went absolutely possible or in writing by my assistant I do do some Google when I asked to as a favor the second thing is the chart up their father of Nick finance six years was under mayor mayor Frankovitch he left within months of I think Mayor Harrison being elected as far as the graph on mine the day I was elected who was at Paul Davis resigned which I have a great admiration for Paul because that is a very typical thing for city administrators to do when they are in an interim position so when I showed up to the office I did what I had to do which was to appoint an interim city administrator which is my cousin I also on my first day of being elected to this office extended the offer to chuck Pinto to beat the city administrator which was part became a large part of the campaign and I said I would do it and I did it on day one Chuck had to give 90 days notice and I respect that and for those 90 days we have to have a city administrator and I think that might also did a great job I think that Chuck Pinto did a great job I think I'm better for having worked under Chuck and I think the city's better off for having had him here for a year I don't have a problem starting the search never stopped looking the first person I found after Chuck penso left was Chris read the first person that I was seriously considered and I'm very I'm quite happy with the job that Chris Reed is doing I had sounds some emails to the people that I have accumulated and speak to and overwhelmingly the one thing I'm told is that shouldn't you know why the people that are leaving or leaving that seems reasonable to me and that's all I'm saying is that as we move forward with this search we need to know why their turnover is happening our form of government we currently have a strong mayor form of government that's a charter that the alternative that a lot of people say it's council-manager the main difference is that the the city manager is the CEO as opposed to the mayor there are other differences but that is a large one and at some point if we get a charter view committed we won't address that that's great I agree with the fact that we need to move forward I also think that we need to look at why we have the turnover we have as we move forward with this search so I have absolutely no problem with the timing this issue the motion of the floors by Councilman comes to approve the search mayor I'm on the debate okay go ahead on again I'm a little different with you mayor in the aspect that mr. Davis you know we talked to you before behind closed doors about this issue mr. Davis was asked to leave by mr. Carlson who was hired before mr. wow that's awesome left going at 11 more years here is that looking at this chart bear i just put off to your right the reasons for people leaving which i think you my opinion is fairly close but we really don't have a problem and stating that in the paper that all of these people have worked here and left the city half of them or interim city administrator so you really can't count that you're looking at three city administrators one left because you had a new administration with Mayor Harrison coming in another one leaving because he retired from city government and another one left for whatever reasons to go to to city of Seabrook so I really don't think we need to go out and do a complete search on why people are leaving for city administrators but I do different only with mr. Davis because he was asked to leave by your administration duly noted councilman Nelson I guess I got a chime in too now I take a little umbrage with what mr. Collins's chart it's an accurate and for all the people watching TV and all the people that are still here we all know an employee we got a great staff and people that work in league city or phenomenal people and most of us no one and if you know one I beg you go up and ask them why do you think the mayor's does up the administrators keep leaving a lot of the people and staff keep leaving you'll find out and it's very consistent with what what the mayor is trying to find out why they're leaving it's not what mr. Cohen has put this little color chart up there I can promise you that to ask a staff member an employee you know you'll get some I correct answers I promise you Thank You counsel Councilwoman Sanborn well the only way I'm going to believe why anybody left if that person tells me they're safe because anything else is going to be pure speculation I don't know why they laugh I don't know that any of us know for sure why they let the grass may have been greener somewhere else but you're never going to find out why somebody left in city government in state government and a job at NASA or a job at a bank unless you hear it from the horse's mouth anything else is going to be hearsay and I think they have for this reason or I think they left because of this reason and I'm not going to go back and say why somebody laughs want somebody say I'm just we have the staff that we have I appreciate all of you and I appreciate the people that work with you every day and I'm going to look at moving forward I'm not going to look backwards i am going to support mr. combs is motion tonight because i was told that when we hired a interim city administrator that we would move forth with looking for a permanent administrator i have no idea who that person is going to be but to go back and and find out wine and i shared it with the mayor I don't know that we're going to find out why so we can find out opinions but I don't think that we're going to find out facts so much we call the people back and said tell me why are you really lay out Thank You mayor thank you calcium Kenny yeah i'm not sure if you ever find out why people really leave sometimes unless it's you know hey I made by making more money someplace it's kind of hard to get that out of them but I guess my question is is did we conduct exit interviews or do we have on file exit interviews for any of these people here none is it do we conduct exit in their views for other staff members we don't connect exit interviews if I think it seems to me that there's over the last few months there's been a lot of discussion about employees we all want the best employees we can get we won the state long time we want them to feel productive in their jobs we want them to feel that those things that are necessary in order to keep employees around for a long time and I don't think we're going to really see any improvement until we start asking each and every single employee and all the way up to the city administrator and why they're leaving what could have been done different was it you know all those things and I'm not a human resources person so I would encourage as as I've seen improvement in other departments I would also encourage possibly putting together some type of enter exit interview if if that seems warranted I think it is Thank You councilman collies just to clarify one other thing the color chart up here that you see all of the information is public record came from the human resource department except the very last column the reason for leaving which I stated earlier that was my opinion so all the information is public record for you to look at thank you the motion of clears to approve and a staff to get us an RFP back by the first meeting in January by council co sex by Councilman Jim Nelson but no further debate please vote for is unanimous motion passes we move to 11a consider take action on the approval of an ordinance authorizing the issuance of city of League City Texas general obligation refunding bonds series 2006 lending an ad valorem tax approving an official statement authorizing the execution of a bond purchase agreement a transfer and paying agency agreement and an escrow agreement authorizing officials to approve the amounts interest rates prices and terms thereof and certain other matters relating thereto and other matters in connection therewith Council and Ted Nelson's made a motion to approve count seconded by Councilman Jim Nelson the to nelson's and it's now open for discussion hearing none we please vote for is unanimous we now move to item 12 table item subject to recall there are none item number 14 mayor's comments and reports first of all let me say that we will indeed be throwing candy in the parade and that parade is put on by League City al and I think those fellas over there especially Janice fallacy Betty Spacey on several other of those city activists work very hard for that parade and I think it is a wonderful event as is the the event at the park the parade hopefully we will be able to get plenty of candy out to the sides of the streets we will be throwing candy we will do it with as you know with the utmost to safety and mine and we will make sure that our kids get as much candy as they absolutely need I do I do mirror some of my fellow council members tonight as far as the very installment pastor in his church that that's the first time part of that quite frankly so I want to get involved in that tomorrow and see if there's anything we can do if there is that's great if not it that that's a shame but I know sometimes that's how it happens the noise issue again I agree with fellow council members is if you have a noise issue if you have an issue don't hesitate to call the police or call one of your council members 24-7 these guys are here to serve and so if you do have activity especially if it's suspicious activity don't hesitate to call if there's just activity feel free to call and let us know what's going on we are very responsive and just remember in the interim if you feel like you're not getting a straight answer if the city administrators is chris reed and he will make a decision on who handles your issue if you've gone through the ranks and you don't get any satisfaction if you go through chris reed and you don't get any satisfaction you call me but i will tell you that with the city staff that we have in place it just doesn't happen and as far as the newspapers i know that the other day fair called me from The Chronicle and he's the one that covers league city from a chronicle and does a just a darn fine job of it i might say as do all the reporters and he asked me my prediction on a game that we can the Aggies at UT and I as a one-third official you always want to act like you're in the know and I said Texas that I was not aware they had a football team so I had to try to cover a little bit i went ahead made a prediction i did predict Maggie's would win and I think Maggie's absolutely killed go ahead i'ma let you in right here and so then I did find that UT does have a team the mirror you really offering to you about it i want elect you to the college records where it talks about the cut large audience thank you congratulations though it's finally time the level we came back to life thank you that was a great game and we have a lot of Aggies a lot of Longhorns in this city and it's a lot of fun and it's another reason to bring people together and as far as the city administrator I want to say right now that I come in quiz read for taking this job and for the fine job that he's done and I hope that he seriously considers looking at this at a full-time job as we move this search forward Mary also want you to mention that the rice owls going to a bowl this year after 45 years is that 45 years since the rice okay go sir you heard it straight from Jim Nelson I'm that concludes item 14 items 15 items added at for electronic agenda there are nine item 16 layer yes sir for a point of order since I was the council person replaced item 16 and 17 only agenda i would like to pull both the items from the agenda okay excellent councilman Carl octuple item 16 and 17 from the agenda also they are officially pulled with no further business this meeting is adjourned you you {00:00:36}	INDEPENDENT
4	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	qGtr7TxXdIE	League City Council Meeting for October 10, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	61.650000	2011-04-25	2	2006-10-10	{00:00:32} okay we're up good afternoon we call to order the City Council of League City regular meeting October 10th 2006 at 6pm I'll call roll Jerry Schultz here Ted Nelson Mike Barbour ready Tommy cone here Chris Samuelsson here so a stand born here John Keaney there Jim Nelson here thank you we will now have an invocation and a pledge of allegiance i was told that dr. Jenkins could not be here so i will give the invocation and the Pledge of Allegiance tonight and this would be a good time to turn our cell phones on vibrate please spell dear Lord we ask that you come into the Chamber's tonight and and give your wisdom to all of the elected officials and to bless all the the staff and the participants in the city the citizens of league city and we ask that you give us your strength and your counsel as we work through this meeting and we ask that our votes and our conscience and our motives are pure and we ask that we do everything and in the name of Jesus Christ and tonight we pray amen like on the United States America and to the Republic for which it stands on a nation under God indivisible with liberty and justice for honor our veterans like our pledge allegiance to be in English item number three the approval of minutes we have August twenty-eighth special meeting August twenty-ninth special meeting and sep tember of the 12th regular meeting are there any changes to these minutes here nine minutes or so approved where are the blood to abstain from August twenty-eighth meeting okay councilman Collins is going to abstain from the August to 28th meeting item number for appointments proclamations presentations and awards a presentation of a proclamation recognizing the Bay Area Bluegrass Association for their creative mission and dedication to the community this is issued by requested by Councilman John kini does anybody here to accept this night if you've come forward all I'll read this to you and your name sir my name is dead Friday I'm the president of the Bay Area Bluegrass Association okay glad to have you here tonight sir whereas the Bay Area bluegrass association was founded in June of 1986 in League City Texas with the primary mission of preserving and promoting bluegrass music as an American art form ba-ba-ba-ba is recognized throughout Texas in southwest as a steward of the art of bluegrass music whereas the bay area Bluegrass Association has given League City the gift of music through this monthly event at the Johnny Rocco Civic Center the event is open to the public and has a yearly attendance of over 3,000 people from the Greater Houston area and whereas the bay area Bluegrass Association has been an active contributor to the league city community for the past 10 years supporting and participating in local events such as the Clear Lake Area Chamber epicurean evening July 4th fireworks fundraiser and the balloon festival the group has been a supporter of the Clear Lake Crime Stoppers and performed at least cities concert in the park Armand by bio you nature centers Fall Festival and area nursing homes and churches and whereas the Bay Area Bluegrass Association held the first annual Texas State mandolin championship ship on August nineteenth 2006 in league city at the Johnny Ruffo Civic Center and hosted approximately 500 guests and participants from all over Texas and as far away as New Mexico and whereas the success of the event was proven by the overwhelming turnout and the high caliber musicians and attendance and we're asked since june of 05 during its monthly events the variable address Association has actively supported the league city business community with an innovative innovative raffle which requires receipts from purchases made in the league city in league city for participation and whereas the bay area Bluegrass Association has demonstrated excellence in the preservation of bluegrass music and also in its support of League City and the surrounding communities now therefore I Giri salts by virtue of the authority vested in me as a 7th mayor of the city of League City do hereby proclaim October 10 2006 as Bay Area blue crack Bluegrass Association day and witnessed we're of hearing to set my hand and caused the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six the next proclamation is item 4b presentation of the proclamation recognizing october two thousand six as national disability employment awareness month city of leeds city presents this Proclamation for the national disability employment awareness month to side by side an organization here in league city whose mission is to empower citizens through education to stand side by side with people with disabilities as they contribute to our community where we all live learn work play and pray is there anyone here to accept this tonight come forward and would you like to state your names my name is Renee Bennett okay Roberta Malik my name is Camille okay and we'd like to thank you mr. mayor for making this Proclamation on behalf of side-by-side a support organization for people with disabilities and their families too often people with disabilities are not giving the opportunity to be a contributing member of our community side by side promotes participation in all specs of aspects of community life where we live learn work play and pray for all people with disabilities we welcome all interested citizens to contact us to see how you can help us in our efforts thank you for your time thank you city of League City office of the mayor proclamation whereas an individual with the disability is defined by the ad a as a person who has a physical or mental impairment that substantially limits one or more major life activity a person who has a history or record of such an impairment or a person who is perceived by others as having such an impairment and whereas this definition includes disabilities which a person is born with and also those disabilities that a person might acquire during their lifetime such as those sustained by veterans or the elderly and whereas for people with disabilities employment is essential for independence empowerment and quality of life and whereas the city of League City encourages employers to invest and the energy of people with disabilities and whereas the city of League City wants to move toward a community where all citizens live and work with dignity and freedom and whereas the city of leak city recognizes the considerable contributions our disabled citizens made to our local economy and reaffirm our commitment to full inclusion in the workforce now therefore i gerald by virtue of the authority vested in me as a seventh mayor of the city of league city do hereby proclaim october sixth as national disability employment awareness month in witness whereof hearings who set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six item number five a public hearing and action items from public hearing held a public hearing on zoning change application z06 now Mike resistant won the digital there okay I hold a public hearing on zoning change application z06 dash 18 Randall's request number two to rezone approximately ten point four acres from neighborhood commercial to mix commercial mixed-use legally described as a portion of the John Dixon lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 we will open this public hearing at 611 if there's anybody that like to speak to this issue please come to the podium and if you do come to the podium please state your name for the record good evil my name is Jeff Burkhardt mr. mayor members of the council the reason I came out to end this evening was to simply talk about the mixed-use change the concern I have is I'm also a resident of the west side of the city and the question i had rhetorically was what are we saying about the west side of the city with a mixed-use change as I've watched I've noticed that not only do we have an inordinate amount of service industry gas stations already within a mile we have five currently three adjoining the current existing property but also the kinds of businesses we have no sports bars now we have popping up we had liquor license application for in front of magnolia estates for building a multi-million dollar high school we're building many many thousands of homes south of Brittany Bay Boulevard and my thought was what are we saying about our side of town and I thought to myself as a concern of citizen and also a minister in our community I see this as neighborhood commercial does have restrictions on what we can and cannot put and it doesn't restrict business it doesn't restrict us the opportunity to go forward I'm not against business not against progress but my question is what are we saying and what what are we mixing it used for and my guess that's my biggest concern and I would just ask that you take that into consideration as you consider your vote what are the other options that we have that could possibly sneak in there and what do we say is we're driving by and and building you know houses for tens of thousands of people to move into and for a mile and a half we have to apologize for the way that we've maybe not handle the last large bit of land that's there and not thought through what are the exact things that we can do with this how can we make it more community central what are we can do and I think leaving it neighborhood commercial gives us a lot of opportunities so that down the road we don't have to address this issue again as to maybe we should have done some things different maybe we should have not zoned it the same way so I would just ask you to consider what we're saying about the west side of our city what do people have to drive through what do we want them to see as representative of our city and our driving to these brand new subdivisions these large developments that we're planning south of Brittany Bay Boulevard in magnolia and westover park south and i just ask you to consider that for the use of neighborhood commercial just living it intact thank you very much thank you Jeff my name is Forrest sorry and i live at 1705 linear which is the neighborhood behind there it's at landing book along blanding boulevard in 518 my biggest objection to this thing is basically there's a possibility that a hotel could be built on that property and that's unacceptable when it's that close to an elementary school not to mention the fact that hotels go through life cycles I don't want this to turn in some places that winds up being a rent by the hour kind of place which winds up having too many police coming to that area to deal with a problem that we shouldn't have had to begin with because it was not should not have been zone that way to begin right there's also a possibility of having going from a one-story structure to three-story structures which means there's a certain council person that lives here that will wind up having a third story structure somebody in there looking down in her backyard that is not wise in my mindset of what a good land use is for those properties it needs to stay neighborhood commercial and rather than have you think I'm the only one there I came to my attention that somebody was trying to get a petition going with this I didn't find out until about noon this afternoon but I managed to gather this many signatures on here plus the back I want to make sure the council people have done because I have not met a single individual in that neighborhood that wants this and I guarantee you if you vote on this one buddy I'm going to make sure everybody in my neighborhood knows about it there's some things you guys can do for your developer friends you give me money he's learning oh my apologies for threatening that's okay for fun I'm not really trying to threaten people i'm just letting people know and there are consequences at the election areas in the election type of setups don't remember I understand but really my god let's don't let's go get as an individual how long I want for it again I learn about either won't be okay thank you okay I'm telling you a will the people are going to know about this vote sure and we'll let it go with that thank you anybody else I'd like to speak to this issue thank you for the town my name is Nick al BTW i do own some property and that area i provide a folder and up with for all their City Council and Mayor which what we did they basically connected with some professional to keep us some feedback and what is learning about Wendy change them the verities they put them in one why is not good because the current zoning can provide some something which complement the area the neighborhood and it would help see basically the area that land is located there is some church summer school and never subdivision and if we keep them the same zoning isn't somebody common develop them base of st. zoning complement the school the church and subdivision but if we change the zoning the effect on that one going to be yes we allowed to be hotel and commercial lodging undertaking funeral and internet service industrial research and development industrial wholesaling and distribution automobile rental at Mobile Equipment cell service vehicle service building material sales and service Convention Center communication facility communication tolerance structure transportation turning our self estores facility this is base of the city code if we change our zone as I said if you look at this one equal to believe why bit against it if you look at them from Ross elementary school kill the landing we do have three gas station from 45 of west side hey landing the t6 gas station and really it doesn't giving any new sales based gas for City just what they do the quality of this business is going to get reduced because certain customer people client the dry pass right there they're going to go some of them to the new police that's all and another thing it is the last City Council they got denied they wanted to be general commercial they say this is theirs they said they're going to put a bank shopping center fast food and they're going to make a big development and thanks God city councillor mayor they deny them and that can offset their purpose it is motel and gas station this is today they get a variance for the motor anyhow thank you for the time and I appreciate okay thank you is there anybody else that would like to speak to this my name is Rob nay car and i am the owner owner's representative and I guess what I really just like to ask is does anybody have any questions of me based on our proposed zoning change okay I mean I'll go hang out in that queue up so fearing vassals to get on go ahead John oh my understanding is is that a commercial mixed use a site plan is supposed to be submitted along with the development and but the only thing I'm really seeing is one gas station and that really doesn't give me an idea of where all the entrances to this piece of property are that you are going to be I mean how many entrances like to the west how many entrances to the north you're going to have and so I'm wondering how come that was not submitted along with this as I mean it sounds like you're trying to get a special use permit at the same time and I I also don't know whether or not you're trying to you say hey I don't want the special use permit if I don't get I mean I don't want the zoning change if I'm not going to get the special use permit so what are you what are you seeking here we are seeking right now we're seeking the mixed use designation we were here at the end of june thirteenth meeting we request a general commercial zoning which would make us lack of that were equivalent everything that's around us there's a CVS court across the street to gas stations on either other corner and there is my understanding that council requested that we go back as a mixed juice and that's what we did and and with the mix juice juice and then part of it in the next part would be the special use permit to answer your question regarding entrances on 518 text I guess ultimately has control than our plan would have one entrance on 518 which would be the appropriate distance from the corner which is approximately 360 360 five feet off of landing Boulevard and is the whole parking lot I mean the whole the whole area going to have one parking lot or are you going to have right now areas mr. Keeney we're not a hundred since certain I can show you what we have in mind for the front right now we're just focusing on the front of the property and yeah but that would I could shut you know show you something that would handle the front of the property okay I've got some questions but it's those staffs also goes back to it again during school it was requested of us by council my understanding was to come back and have this property designated mixed-use we went back through staff we talking about it they recommended we went through p + Z they approved it and that's what we are here today and here the question okay thank you is there anybody else that would like to speak to this issue okay we will close this public hearing at 623 and move to item 5 V considering to take action on an ordinance amending ordinance number 2005 dash 24 to rezone approximately ten point four acres the Randalls request number two from neighborhood commercial to commercial mixed-use legally described as a portion of the John Dickson League survey eps track number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 anybody okay this this action item will die for lack of a first and a second we will now move to item number 5 C hold a public hearing on special use permit application su p 06 07 Randall's request number 3 for a special use permit on approximately ten point four acres for a gas and service station and CM commercial mixed use zoning lately described as a portion of the John Dickson League survey f track number nine generally located excuse me south of FM 518 and east of landing Boulevard with your proxima address being and the 2600 block of FM 518 we will open this public hearing at 625 if there's anybody that like to speak to this issue please come to the podium seeing none we will close this hearing at 625 and move to item 5 d consider take action on an ordinance amending ordinance number 200 5244 special use permit on approximately ten o'clock for actors su p 06 07 Randall's request number three for a gas and server station in commercial mixed use zoning they can be described as a portion of the John Dickinson lead survey abstract number nine generally located south of FM 518 and east of landing gold bar with the approximate address being and the 2600 block of FM 518 anybody may or make them I mean I'm not sure why we're even considering this section since we failed to take action on the previous motion I don't think especially as proven is allowed in the neighborhood commercial for discussion purposes may I make a motion to deny account especially youth permit under spot to eat okay councilman sandwiches made motion to deny second seconded by Councilwoman Phyllis Sanborn and is now open for discussion councilman Sanderson mr Fraser come up for a minute and answer a couple questions print-friendly questions I don't think there's anybody up on council that doesn't want to see that property development or commercial use since you are economic development director can you tell us what type of inquiries have been made in the past on that piece of property as it exists right now zoning wise for many years we've been working with Randall's to to locate a store in that location they had of course bought out by safeway a lot of the decision for din made in california by the safeway of people and the property was scheduled for development at one point they put those on the shelf and now they were wanted to sell it since the sale was announced we've not had really any inquiries on that we've not really had a suitable prospect that that wanted to locate at that point we put most of our efforts in trying to encourage randall's to put a grocery store there at the request of a lot of the area residents warning phone but now that that point is moot so but we've not had any significant inquiries since that sale last time this came of course when the quest from the owner was for the general commercial Iram to recall some discussion about the representative of kroger saying there's not enough space there to to put in a grocery store any comments on that well rattles thought there were in fact they were looking at pad size as well I don't know exactly what size store they were looking at at the time very similar we thought to the existing rentals here in the league city but they they thought it was a ghost pays for country store as the director of our economic development corporation does the EDC have any type of position as to what type of business they think would be best suited or appropriate in that location to serve the citizens of West Side know we've not taken a position or discussed that specific site location since the sale was made thank you for your comments ok miss chambers last time this came the course and the request was to change it to general commercial I seem to recall that the PNG was unanimous to change it to general commercial and the council disagreed this time I see that it appears that the pn z is voted unanimously for approval to change the zoning what if you if you're you know now what was pansies discussion with regards to this property in this zoning change request it's my understanding councilman that p & z did approve the CM zoning based on the direction that council provided the applicant at the last council meeting when the african did request to cici's cg zoning counsel advised that they come back with a CM and it's my understanding that Panzi supported that for that reason because the applicant was abiding by what council had directed Thank You counsel makini miss chambers what is the requirements for developing a commercial mixed juice what is this site plan that a site plan has to be submitted whenever the property is zoned commercial mixed-use and that site plan has to be approved by the Planning and Zoning Commission in all the other zoning districts site plans are approved by the development review committee and ultimately approved by the yes city engineer however in the CM zoning district it is a design for a unified development and that unified development plan must be approved by pian zi and and when winds should that I mean not when as far as a calendar date but went in the process because what we have here is the you know we had a zoning change as one issue on the agenda and then the very next one was a request for special use permit and on that special use permit that was starting developing a small portion of that so should the site plan come in before asking for individuals pieces because isn't that what the site plans supposed to do is provide a unified development that's a very reasonable question councilman typically if the property is our red zone cm of course we would see the site plan in this case the applicant was basing his zoning change on whether or not he could get the special use permit to do the gas station which is why he that if he didn't get the special zoning he of course he did get the special use permit he did not want to change the zoning and I think that's one of the reasons why we're not seeing a site plan as of yet and also typically and in a zone change we won't see a site plan until the applicant is sure that he's got no zoning approved before he expend any money in getting a site plan developed but this is a case where the applicant is wanting to be sure he's going to have the special use permit to do the development before he proceeds but nothing's been presented to PNG or to staff regarding some unified no sorry we have not seen a unified site plan at this time calcio samuelson a couple other questions for Miss chambers if the zoning were changed had been changed tonight what type of buffers would have been in place under our existing ordinances for the people in the neighborhood behind them I think it's important that people here there would have been a 50-foot buffer requirement just a 50-foot buffer from this from us district and any and i'm not sure looking at where the residences are in relationship to the site without seeing an overall site plan it will be difficult to tell you exactly what the purpose will be but we do know that there is an adjacent open space zoning district to this site and that would be require a 50-foot buffer buffer in the event the layout of the site plan has any portion of the commercial property adjacent to residential area there would also be an additional buffer and landscaping require typically 30 foot okay you heard a real her mr. elviria up here he presented a letter to the council and he listened 13 different types of uses that would be allowed in that area had we changed the zoning such as hotels lodging undertaking industrial research auto rentals auto equipment vehicle service building materials Convention Center communication facilities communication towers and structures self-storage facilities what other types of uses would be allowed in that space were we to to change the zoning as requested tonight I don't have a complete list of the zoning ordinance here with me tonight councilman but the commercial mixed use is more of a regional type zoning district it is designed for to provide services for an area other than just the neighborhood that is adjacent to the current zoning of this is the CN which is of course designed for neighborhood commercial type uses once you take that to the CM zoning district you're really saying that you're developing this particular track to service areas other than just at adjacent neighborhood so you're going to see a wide variety of commercial uses in cm district could it be retail shopping definitely yes sir that would be allowable under the proposed zoning change yes it was one retail would also have been allowed under the CG however is limited in size last question I had was as it is presently zoned as neighborhood commercial have you had any inquiries from any prospective business owners or developers to to put any types of commercial uses there I have not our office has not thank you no further questions Thank You councilman barber Mary couple other questions very I think one of the advantages that was pitched to us when council I guess there was some mention of coming back for CM designation was that the advantage was that the PNC would be allowed to look at a unified minister plain as he described earlier that correct that is very for accountant now I guess my question is the interesting thing about that is that they have to review that but all those uses that council singers have just described they're allowed by right once the CM designation is zone that way isn't that true that's correct so it doesn't see I mean I understand that they want to unify didn't have a master plan in place basically any of those things go once it once it's there right yes once the zoning is approve those uses go what allowing the p + Z to approve the unified plan the comfort level that that gives is that you have that body that is responsible for the planning of the community looking at that plan to ensure that it does provide adequate support for the neighborhood and not devalue anyone's property in that area but also that it is comparable to your comprehensive plan and that it follows the direction and the policies council has said I appreciate that it it still allows that it puts them in a position to try to make it the best they can in case they want to put a hotel there it's allowed by right once the CM zone but they could try to do what they can to make that the best they can say or minimize the impact by reviewing that unified plan I understand and then one question for either the mayor of city attorney on this and I think council makini correctly stated that we really can't approve an SUV at this point or prove or devote on a CPA this plan is that correct since it's not been changed well you could vote on an improvement but it would be a nullity because you can never make use of the permit the underlying base don't think I'm just wondering if it's truthful to even have but I know councilman Santa some wanted to have a discussion I appreciate that but I don't know if we're going to really build on this well there is a motion on the floor with a second so unless our with drama much okay thank you and let's see how would John the second in there we can bring that back up right there's no provision for that no prejudice to okay alright so the first has been withdrawn as has the second so we now move to 5e told the public hearing to designate the main egret bay boulevard and FM 270 as it extends from Clear Creek to FM 646 so move Councilman Jim Nelson said motion to approve and that was a public y miracle sorry I'm sorry there after that I am NOT happy to consider and take action yeah I'm sorry hold a public hearing to designate egret bay boulevard on FM 270 as it extends from clear free to FM 646 rope is public hearing at 638 sorry anybody that like to speak to this please come to the podium my name is barry evans i recently opened my law office building on FM 270 at larger and in the past several months i found there's a lot of confusion out there with people not understanding once they cross the bridge it's no longer egret bay and it becomes FM 270 and talked to several the business owners along they're not received any objections and I think it would be more consistent and would help the city to name a [ __ ] Bay Boulevard as its it is a very beautiful Boulevard so I thank you for your consideration very i also wanted to come in to you i received a letter from you a while back commenting and complementing our staff on the job that they did assisting you in your development and i've been meaning to call you and say thanks for that kind letter because i know that took a little bit of time so since you're here tonight thank you okay okay is there anybody else that like to speak to this issue okay hearing none we will close this public hearing at six thirty nine and move to 5f now consider take action allah norden's to designate the name user bay boulevard on FM 270 as it extends from Clear Creek to FM 646 Omega first is done ok Thank You councilman jim Nelson's made the first councilman Mike Barbour has second to that motion is now over for discussion hearing none please vote core is unanimous motion passes remove the item number 5 g hold a public hearing on zoning change application z 06 21 to rezone approximately thirty point seven acres from commercial mixed-use to general commercial nearly described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 1415 a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of i-45 anybody like to speak to this item please come to the podium will open public hearing at 640 seeing none we will close this public hearing at 640 p.m. and we will move to 58 considering take action when ordered some ending ordinance number 2005 dash 24 degrees own approximately thirty point seven acres from commercial mixed use to general commercial legally described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 14 15a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of high 45 mirror luke to approve council mccomas has made the motion to approve look in the council and jim nelson second of that motion it is now open for discussion hearing none please vote four is unanimous motion passes item five I hold a public hearing on zoning overlay application z06 dash 16 / p for a PUD overlay on approximately 40.0 acres zoned RS f7 single-family residential with a minimum lot size of 7,000 square feet legally described as track 33 of the stephen f austin survey generally located north of FM 2094 in west of davis road with the approximate address being in the 800 block of davis road anybody like to speed come to the podium please will open this public hearing at 642 mr. mayor council my name is Dale hardy and i'm representing the african this particular issue want to take just a minute to kind of review the project site this of course is Davis Road this is the start point subdivision down step 17 this area right here this is the wharf marina fork down ORMs around here this is at recommend that we're talking about right here all of this area in here is where the primary development will be and then it will be a series of blocks running along here is another map and a few minutes that will show that more clearly some questions have been asked relative to the site's wetland in fact this map right here and the color doesn't show up very willing as I apologize for that this area right in here is what has been identified delineating and approved by the Corps of Engineers as being jurisdictional or wetland property of that total tract which is roughly 40 acres as approximately nineteen point four acres that is that it's jurisdictional water that's a very out here and there is approximately 1.94 acres which is considered jurisdictional wetland that's all we're dealing with on a track which leaves you roughly 20 acres of developable upland land mass and that's what we're actually working with this particular project has gone through the core permitting process we've submitted our documentation for the wetland delineation that has been approved we've submitted our development plans public notice has been processed those public comments have been returned public hearings have been closed we are now in the process of a 30-day response on all of that the Corps of Engineers at this juncture is say they're good to go with what we propose the Texas Parks and Wildlife however have come back and said that they're not real comfortable with the island idea that we were originally talking about they would rather see us minimise the mitigation on the wetlands we have a couple options for doing that both of which would be well within the confines of the foot that we're asking you to approve tonight and neither of which would would impact the wetlands one of course would be to simply eliminate a lot possibly two outs at a lot 1 & 2 right right down that corner the other would be to go with a shelf around the outside perimeter edge of the bulkhead there's couple projects we looked at did that we can add the mitigation that they're asking for in that area so at this juncture we're only dealing with one agency that still has a has a bit of a concern and we've got 30 roughly 30 days to continue our negotiations and try to respond to them and resolve that issue the type homes were going to see I'm running out of time so the take homes were proposing that's okay you go okay the tape owns we're proposing out here are very similar to what people which you'll see in these photographs and these photographs actually come from the woodlands this is a very similar development format torts in woodlands the common drive areas the reduced setback lines one of the things that we're asking for one of the variants are one of the variances that constituted the food that we're asking for is we're not proposing to put sidewalks in this area and the reason for that is there's this is a neighborhood that all of these houses are going to be the only place you're going to walk is across the street or down the road to your neighbor's house there's not a grocery store there's not a school there's no other place that you're going to be going and because it is a gated community there's not going to be traffic traversing the site we're simply talking about people within the site moving from one to the other are visiting with one another so this lends itself very well with that it's a large page or paving stone or possibly stamped concrete drive ariat in this area the sidewalks are attached the driveways you can see the side garage here in this area so that's what we're asking for there was some conversation in front of p + z about the sidewalks on davis road and if you've been down there recently roughly a third of it has sidewalks and the balance of it doesn't the developer in this particular case is certainly going to build a sidewalk along the entire frontage of davis road from the Northland to the south line which is rather significant amount of sidewalk so we're not talking about the public sidewalk we're talking about the interior on the private streets as part of the variances that we're asking for me there's a another photograph I'd like to show you this would be this would be a rear view again we're proposing it's a little bit different because what we're proposing in this area is a canal but this would be the this would be similar to the backs of the houses that would be backing down to the canal and your water weight in this area here and of course we've got three of those canals that will be constructing but houses on either side and then we have approximately seven lots that will be directly on Davis Road that they're on the north end of the development site the the other issue that came up and i think if you've had a chance to read a staff report the other issue that came up had to do with the private streets as you're aware the city charter actually defines a public street as being a 60-foot right-of-way and of course that's not what we're proposing to do here so this one these will not be properly private streets these will in fact be private drives contained within a common area it will be owned by the HOA operated and maintained but there will be an overriding easement granted back to the city of leaf city which will allow for police ambulance is garbage collection utility companies anybody else that needs to get in there there will also be in conversation with the fire marshal we've worked out an arrangement to where we do have the secondary axis point in case of emergencies would be in essence a crash gate so that you can get in and out of the development in the event that there was something to thought for primary access beyond that I think I think I've addressed most of the issues that I've heard and for the most part most of the issues came up TMZ I'll certainly happy to answer any questions you have either now or later when you begin to deliberate either way any questions yes okay I'm sorry me great they were um take a deal for that you mentioned earlier about the woodlands because one of your clients that's doing this is attending to do this project was involved in developing a business mr. Brown Richard Brown yes sir he's here tonight yes here tonight yes it's my understanding that he is and I don't know him never met him I've done some research on before I think he's been awarded for being able to do environmentally sensitive projects and what they've achieved in the woodlands has been stellar is that correct that is very correct as manufacturing Lemaitre I didn't say a lot about it tonight but we made a presentation to pnc we talked a little bit more about what the IMP new image that we're trying to create out there and what we are trying to do is blend the development as much as possible with the existing environment we do have some very sensitive wetlands out there we've got very nice water body out there the approach we're taking is to minimize the impact and to inform you tend to maximize you know the views that will be creating and the this Enclave kind of kind of sensitivity that you will have within the neighborhood itself it's been very well designed along those lines any more counseling cones yes thank you Mary mr. RDL before we make a motion or moving over to guess for approval or denial on page six of seven of the staff report or our package I guess we have several recommendations and I want to be clear before we make a motion you stated about the sidewalk variance not to be granted this is staff marrying you may want to answer it for us is this the same sidewalk you're talking about or is this the sidewalk bets on Davis Road I just need clarification before we make a motion these recommendations on this page how does that affect you in this development the organizations that you're talking about a relative to that to Davis Road ok yes what we did with this staff report was a little bit different because we wanted to show that once the if council approves the PUD that staff would be looking at other issues in the site plan development and we've discussed these issues with mr. Hart okay so therefore you're not looking for a an approval with recommendations or or no sir we're going to we're going to handle those and 11 we're reviewing the site plan or the master plan is that pretty clear with you mr. or desert suggested that was our understanding as well yes sir okay thank you Councilwoman Sanborn the sidewalks was a concern that that I had when you brought that up if you did that that hit your back and show me one more turn and the neighborhood explain to me in why we would not be putting some blokes in or the house is actually going to be as that picture shows us that close to the the development we're proposing will be very very similar to this as far as the as far as the proximity of the houses to the draft within the body of the of the design work that we're working on right now or it will actually have a staggering sum of that some of the properties will be you know 15 feet from the edge of the pavement some of the properties will be 20 feet from the edge of the pavement what we don't want to create is a picket line on the front of the house that's what we want to do is create some texture to the neighborhood and by doing that will move the houses in and out depending on the site and the location and the view quarters that we're trying to create the reason we're saying that that that several we're basically seeing the sidewalk is not a necessary component of this type design and the reason for that it's like I stated earlier the only place you're going to be going if you're walking out there is is within that neighborhood it's all once you enter into that neighborhood is like being in your own backyard the entire neighborhood becomes one and the same if we if we tried to put sidewalks in there you'll be talking about chopping this green belt right here is where you'd have to put those sidewalks and you're not going to segregate the the pedestrian traffic significantly enough from the vehicular traffic that you're going to create any additional safety zone because you this is not a curved type street this will be a rollover type to curb the high point will be the street and everything will break back to the canals so we just don't feel like it is consistently with the image that we're trying to create out there and by leaving them out we don't believe that we're creating any pedestrian safety issues or driving issues because this is Oakley you won't be going any faster on these streets and you would pulling into your driveway and going toward your garage what about it you parked in front of the home and people parked in front of the homes and children were riding bikes or out playing that's a possibility too right that's that's a possibility but but quite frankly if there are riding bikes there as in most neighborhoods are more likely to be on the street than they would be on the sidewalk anyway one of the things we'll be looking at with this development is some common area parkings and common areas and wide spots where you can pull off because one of the things you've got to keep in mind is that you know if you've bought one of these homes for example and you were going to have a party not everybody you invite to the party lives there so there would be guests coming in there would be a requirement for additional parking so those are the kinds of things that will be detailing out as we move towards a planning process and the engineering approvals the the variance associated with the pud is simply that that not being mandatory requirement within the body of the development would there be room on these streets or a school bus to go down the streets yes the streets and the cul-de-sacs meet all the code requirements for a standard residential street within the City of Lake City it's only the right-of-way the width of the right of way that we've shrunk we haven't shrunk paving the requirements will still meet those requirements so a fire truck school bus any of these type vehicles could traverse the streets making normal turnaround within the body of the cul-de-sac and leave the development just as they would any other subdivision or into the street because I know that there's some that some of the streets that we have that are private or just some subdivisions where they have to walk down to the end of the road because they're not able to turn around so thank you that's how I have counseled Nelson is briefly I ever wear that cars located why wouldn't if he had three or four maybe five cards why would that cause of safety issue without sidewalk without a sidewalk because again the traffic we're expecting out there is going to be just like that it's going to be a parked car you're not going to be going any faster in that area then you would in your driveway if you were going to the back of your driveway the other thing is we've got the street without there so if you have a car parked on either side of it there's still room for a vehicle to Trevor it's the center or for that matter of bicyclists for pedestrians or anyone else it it's not so much an engineering issue and we're not trying to save money what we're trying to do is create an environment we're trying to create buzz that's feeling this look to where once you're in that subdivision you don't have to get all the way to your home and be in your backyard before you feel this this neighborhood feel you feel it as soon as you come through the gates and you become part of that community council McCollum's just one other thing they'll just to clarify I know we're talking about sidewalks the sidewalks actually going to be to the east of this road correct out on Davis Road where the fence is that correct and so there is a sidewalk that's going along with it I think everybody's getting confused there's no decide well let me put another map here from money you still have a sidewalk but it's outside the gates for people to walk down the street that'll work pretty well the the photographs we were just looking at photographs we were just looking at a few moments ago would have been in this area here here your streets here your canal and your canal and this would be clear creek coming around here so these Lots would actually front on clear creek the sidewalk we're talking about will be out here on Davis wrote and it'll run from here all the way up to there and that will accommodate your public pedestrian traffic that is that is moving back and forth long day before ever and that's where I said while ago about a third of davis road has sidewalk some cases both sides some cases one sad if we put this piece in there it'll be a big jump toward getting a sidewalk one into the other ultimately leaky boats going down this tonight yes yes these canals I think the design parameter run that's 50 feet so so you're you know you're not going to bring on you're not going to bring a young you know but a ski boat small sailing vessels I canif it'll certainly be able to go in their boat list I don't know what the plan is for that are you know that's that's kind of getting into the architectural design scheme and I don't know whether they're going to have boat lifts or whether I would anticipate that they're probably going to have some Heights requirements to keep that low so that you don't obscure the visibility but that's just an opinion I don't know that any other questions for mr. Hall okay thank you is there anybody else I'd like to speak to this issue we thank you mr. mayor city councilman my name is mike conway i live at 793 davis road I've owned a home marina point for over seven years my house and those of 29 of my neighbors are just a hundred feet from the South property line of this proposed development so we will be the most immediately affected by it personally I think that the proposed plan is a superior use for this tract and then it will positively affect the Davis Road neighborhood and be minimally intrusive to the neighborhood I think if it's built as proposed we'll all be very proud to have it in Lake City I think it's going to be that nice and so I urge you to vote in favor of it thank you thank you anybody else my name is Bob Ward I'm president bring appoint the kind of any association and I just wanna say that I want second Mike's motion that we think this will be a great use of that property and help all our property values is quick looking for going to fort one of those thank you good evening I'm Larry read i live at eight nineteen Davis Road and I want to add my support to this development as well thank you thank you sir their counsel for the record my name is Chris Holman and i live at 23 32 crow's nest dr that's down a davis road i'm also a member of planning zoning commission as you know and the NZ did recommend approval of this overlay but i'm really speaking tonight as a longtime resident of davis road and lee city was a little surprised at P & Z when there was quite a bit of negativity that came out against this requested overlay zone oh just to give a little background my wife and I have lived at the wharf uber account on there in 1979 Wharf was the first project on Davis Road in fact that's why Davis Road was was built at that time actually paved and we've watched Davis Road to kind of build out through the years and this 40-acre parcel is the last undeveloped parcel down Davis Road and we've seen a lot of different plans over the last couple of decades a couple decades ago high density apartments were proposed and attempted and then higher density residential and we really think that that what is being requested this evening as far as the overlay zone and the concept is is absolutely the best plan that that's surface in a quarter century before that track and the reason being is you know I'm comparing it to what else has been attempted over the last 25 years what exists on Davis row you {00:00:44}	{00:00:32} okay we're up good afternoon we call to order the City Council of League City regular meeting October 10th 2006 at 6pm I'll call roll Jerry Schultz here Ted Nelson Mike Barbour ready Tommy cone here Chris Samuelsson here so a stand born here John Keaney there Jim Nelson here thank you we will now have an invocation and a pledge of allegiance i was told that dr. Jenkins could not be here so i will give the invocation and the Pledge of Allegiance tonight and this would be a good time to turn our cell phones on vibrate please spell dear Lord we ask that you come into the Chamber's tonight and and give your wisdom to all of the elected officials and to bless all the the staff and the participants in the city the citizens of league city and we ask that you give us your strength and your counsel as we work through this meeting and we ask that our votes and our conscience and our motives are pure and we ask that we do everything and in the name of Jesus Christ and tonight we pray amen like on the United States America and to the Republic for which it stands on a nation under God indivisible with liberty and justice for honor our veterans like our pledge allegiance to be in English item number three the approval of minutes we have August twenty-eighth special meeting August twenty-ninth special meeting and sep tember of the 12th regular meeting are there any changes to these minutes here nine minutes or so approved where are the blood to abstain from August twenty-eighth meeting okay councilman Collins is going to abstain from the August to 28th meeting item number for appointments proclamations presentations and awards a presentation of a proclamation recognizing the Bay Area Bluegrass Association for their creative mission and dedication to the community this is issued by requested by Councilman John kini does anybody here to accept this night if you've come forward all I'll read this to you and your name sir my name is dead Friday I'm the president of the Bay Area Bluegrass Association okay glad to have you here tonight sir whereas the Bay Area bluegrass association was founded in June of 1986 in League City Texas with the primary mission of preserving and promoting bluegrass music as an American art form ba-ba-ba-ba is recognized throughout Texas in southwest as a steward of the art of bluegrass music whereas the bay area Bluegrass Association has given League City the gift of music through this monthly event at the Johnny Rocco Civic Center the event is open to the public and has a yearly attendance of over 3,000 people from the Greater Houston area and whereas the bay area Bluegrass Association has been an active contributor to the league city community for the past 10 years supporting and participating in local events such as the Clear Lake Area Chamber epicurean evening July 4th fireworks fundraiser and the balloon festival the group has been a supporter of the Clear Lake Crime Stoppers and performed at least cities concert in the park Armand by bio you nature centers Fall Festival and area nursing homes and churches and whereas the Bay Area Bluegrass Association held the first annual Texas State mandolin championship ship on August nineteenth 2006 in league city at the Johnny Ruffo Civic Center and hosted approximately 500 guests and participants from all over Texas and as far away as New Mexico and whereas the success of the event was proven by the overwhelming turnout and the high caliber musicians and attendance and we're asked since june of 05 during its monthly events the variable address Association has actively supported the league city business community with an innovative innovative raffle which requires receipts from purchases made in the league city in league city for participation and whereas the bay area Bluegrass Association has demonstrated excellence in the preservation of bluegrass music and also in its support of League City and the surrounding communities now therefore I Giri salts by virtue of the authority vested in me as a 7th mayor of the city of League City do hereby proclaim October 10 2006 as Bay Area blue crack Bluegrass Association day and witnessed we're of hearing to set my hand and caused the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six the next proclamation is item 4b presentation of the proclamation recognizing october two thousand six as national disability employment awareness month city of leeds city presents this Proclamation for the national disability employment awareness month to side by side an organization here in league city whose mission is to empower citizens through education to stand side by side with people with disabilities as they contribute to our community where we all live learn work play and pray is there anyone here to accept this tonight come forward and would you like to state your names my name is Renee Bennett okay Roberta Malik my name is Camille okay and we'd like to thank you mr. mayor for making this Proclamation on behalf of side-by-side a support organization for people with disabilities and their families too often people with disabilities are not giving the opportunity to be a contributing member of our community side by side promotes participation in all specs of aspects of community life where we live learn work play and pray for all people with disabilities we welcome all interested citizens to contact us to see how you can help us in our efforts thank you for your time thank you city of League City office of the mayor proclamation whereas an individual with the disability is defined by the ad a as a person who has a physical or mental impairment that substantially limits one or more major life activity a person who has a history or record of such an impairment or a person who is perceived by others as having such an impairment and whereas this definition includes disabilities which a person is born with and also those disabilities that a person might acquire during their lifetime such as those sustained by veterans or the elderly and whereas for people with disabilities employment is essential for independence empowerment and quality of life and whereas the city of League City encourages employers to invest and the energy of people with disabilities and whereas the city of League City wants to move toward a community where all citizens live and work with dignity and freedom and whereas the city of leak city recognizes the considerable contributions our disabled citizens made to our local economy and reaffirm our commitment to full inclusion in the workforce now therefore i gerald by virtue of the authority vested in me as a seventh mayor of the city of league city do hereby proclaim october sixth as national disability employment awareness month in witness whereof hearings who set my hand and calls the Great Seal of the city of League City Texas to be affixed on this the tenth day of october two thousand six item number five a public hearing and action items from public hearing held a public hearing on zoning change application z06 now Mike resistant won the digital there okay I hold a public hearing on zoning change application z06 dash 18 Randall's request number two to rezone approximately ten point four acres from neighborhood commercial to mix commercial mixed-use legally described as a portion of the John Dixon lead survey abstract number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 we will open this public hearing at 611 if there's anybody that like to speak to this issue please come to the podium and if you do come to the podium please state your name for the record good evil my name is Jeff Burkhardt mr. mayor members of the council the reason I came out to end this evening was to simply talk about the mixed-use change the concern I have is I'm also a resident of the west side of the city and the question i had rhetorically was what are we saying about the west side of the city with a mixed-use change as I've watched I've noticed that not only do we have an inordinate amount of service industry gas stations already within a mile we have five currently three adjoining the current existing property but also the kinds of businesses we have no sports bars now we have popping up we had liquor license application for in front of magnolia estates for building a multi-million dollar high school we're building many many thousands of homes south of Brittany Bay Boulevard and my thought was what are we saying about our side of town and I thought to myself as a concern of citizen and also a minister in our community I see this as neighborhood commercial does have restrictions on what we can and cannot put and it doesn't restrict business it doesn't restrict us the opportunity to go forward I'm not against business not against progress but my question is what are we saying and what what are we mixing it used for and my guess that's my biggest concern and I would just ask that you take that into consideration as you consider your vote what are the other options that we have that could possibly sneak in there and what do we say is we're driving by and and building you know houses for tens of thousands of people to move into and for a mile and a half we have to apologize for the way that we've maybe not handle the last large bit of land that's there and not thought through what are the exact things that we can do with this how can we make it more community central what are we can do and I think leaving it neighborhood commercial gives us a lot of opportunities so that down the road we don't have to address this issue again as to maybe we should have done some things different maybe we should have not zoned it the same way so I would just ask you to consider what we're saying about the west side of our city what do people have to drive through what do we want them to see as representative of our city and our driving to these brand new subdivisions these large developments that we're planning south of Brittany Bay Boulevard in magnolia and westover park south and i just ask you to consider that for the use of neighborhood commercial just living it intact thank you very much thank you Jeff my name is Forrest sorry and i live at 1705 linear which is the neighborhood behind there it's at landing book along blanding boulevard in 518 my biggest objection to this thing is basically there's a possibility that a hotel could be built on that property and that's unacceptable when it's that close to an elementary school not to mention the fact that hotels go through life cycles I don't want this to turn in some places that winds up being a rent by the hour kind of place which winds up having too many police coming to that area to deal with a problem that we shouldn't have had to begin with because it was not should not have been zone that way to begin right there's also a possibility of having going from a one-story structure to three-story structures which means there's a certain council person that lives here that will wind up having a third story structure somebody in there looking down in her backyard that is not wise in my mindset of what a good land use is for those properties it needs to stay neighborhood commercial and rather than have you think I'm the only one there I came to my attention that somebody was trying to get a petition going with this I didn't find out until about noon this afternoon but I managed to gather this many signatures on here plus the back I want to make sure the council people have done because I have not met a single individual in that neighborhood that wants this and I guarantee you if you vote on this one buddy I'm going to make sure everybody in my neighborhood knows about it there's some things you guys can do for your developer friends you give me money he's learning oh my apologies for threatening that's okay for fun I'm not really trying to threaten people i'm just letting people know and there are consequences at the election areas in the election type of setups don't remember I understand but really my god let's don't let's go get as an individual how long I want for it again I learn about either won't be okay thank you okay I'm telling you a will the people are going to know about this vote sure and we'll let it go with that thank you anybody else I'd like to speak to this issue thank you for the town my name is Nick al BTW i do own some property and that area i provide a folder and up with for all their City Council and Mayor which what we did they basically connected with some professional to keep us some feedback and what is learning about Wendy change them the verities they put them in one why is not good because the current zoning can provide some something which complement the area the neighborhood and it would help see basically the area that land is located there is some church summer school and never subdivision and if we keep them the same zoning isn't somebody common develop them base of st. zoning complement the school the church and subdivision but if we change the zoning the effect on that one going to be yes we allowed to be hotel and commercial lodging undertaking funeral and internet service industrial research and development industrial wholesaling and distribution automobile rental at Mobile Equipment cell service vehicle service building material sales and service Convention Center communication facility communication tolerance structure transportation turning our self estores facility this is base of the city code if we change our zone as I said if you look at this one equal to believe why bit against it if you look at them from Ross elementary school kill the landing we do have three gas station from 45 of west side hey landing the t6 gas station and really it doesn't giving any new sales based gas for City just what they do the quality of this business is going to get reduced because certain customer people client the dry pass right there they're going to go some of them to the new police that's all and another thing it is the last City Council they got denied they wanted to be general commercial they say this is theirs they said they're going to put a bank shopping center fast food and they're going to make a big development and thanks God city councillor mayor they deny them and that can offset their purpose it is motel and gas station this is today they get a variance for the motor anyhow thank you for the time and I appreciate okay thank you is there anybody else that would like to speak to this my name is Rob nay car and i am the owner owner's representative and I guess what I really just like to ask is does anybody have any questions of me based on our proposed zoning change okay I mean I'll go hang out in that queue up so fearing vassals to get on go ahead John oh my understanding is is that a commercial mixed use a site plan is supposed to be submitted along with the development and but the only thing I'm really seeing is one gas station and that really doesn't give me an idea of where all the entrances to this piece of property are that you are going to be I mean how many entrances like to the west how many entrances to the north you're going to have and so I'm wondering how come that was not submitted along with this as I mean it sounds like you're trying to get a special use permit at the same time and I I also don't know whether or not you're trying to you say hey I don't want the special use permit if I don't get I mean I don't want the zoning change if I'm not going to get the special use permit so what are you what are you seeking here we are seeking right now we're seeking the mixed use designation we were here at the end of june thirteenth meeting we request a general commercial zoning which would make us lack of that were equivalent everything that's around us there's a CVS court across the street to gas stations on either other corner and there is my understanding that council requested that we go back as a mixed juice and that's what we did and and with the mix juice juice and then part of it in the next part would be the special use permit to answer your question regarding entrances on 518 text I guess ultimately has control than our plan would have one entrance on 518 which would be the appropriate distance from the corner which is approximately 360 360 five feet off of landing Boulevard and is the whole parking lot I mean the whole the whole area going to have one parking lot or are you going to have right now areas mr. Keeney we're not a hundred since certain I can show you what we have in mind for the front right now we're just focusing on the front of the property and yeah but that would I could shut you know show you something that would handle the front of the property okay I've got some questions but it's those staffs also goes back to it again during school it was requested of us by council my understanding was to come back and have this property designated mixed-use we went back through staff we talking about it they recommended we went through p + Z they approved it and that's what we are here today and here the question okay thank you is there anybody else that would like to speak to this issue okay we will close this public hearing at 623 and move to item 5 V considering to take action on an ordinance amending ordinance number 2005 dash 24 to rezone approximately ten point four acres the Randalls request number two from neighborhood commercial to commercial mixed-use legally described as a portion of the John Dickson League survey eps track number nine generally located south of FM 518 and east of landing Boulevard with the approximate address being in the 2600 block of FM 518 anybody okay this this action item will die for lack of a first and a second we will now move to item number 5 C hold a public hearing on special use permit application su p 06 07 Randall's request number 3 for a special use permit on approximately ten point four acres for a gas and service station and CM commercial mixed use zoning lately described as a portion of the John Dickson League survey f track number nine generally located excuse me south of FM 518 and east of landing Boulevard with your proxima address being and the 2600 block of FM 518 we will open this public hearing at 625 if there's anybody that like to speak to this issue please come to the podium seeing none we will close this hearing at 625 and move to item 5 d consider take action on an ordinance amending ordinance number 200 5244 special use permit on approximately ten o'clock for actors su p 06 07 Randall's request number three for a gas and server station in commercial mixed use zoning they can be described as a portion of the John Dickinson lead survey abstract number nine generally located south of FM 518 and east of landing gold bar with the approximate address being and the 2600 block of FM 518 anybody may or make them I mean I'm not sure why we're even considering this section since we failed to take action on the previous motion I don't think especially as proven is allowed in the neighborhood commercial for discussion purposes may I make a motion to deny account especially youth permit under spot to eat okay councilman sandwiches made motion to deny second seconded by Councilwoman Phyllis Sanborn and is now open for discussion councilman Sanderson mr Fraser come up for a minute and answer a couple questions print-friendly questions I don't think there's anybody up on council that doesn't want to see that property development or commercial use since you are economic development director can you tell us what type of inquiries have been made in the past on that piece of property as it exists right now zoning wise for many years we've been working with Randall's to to locate a store in that location they had of course bought out by safeway a lot of the decision for din made in california by the safeway of people and the property was scheduled for development at one point they put those on the shelf and now they were wanted to sell it since the sale was announced we've not had really any inquiries on that we've not really had a suitable prospect that that wanted to locate at that point we put most of our efforts in trying to encourage randall's to put a grocery store there at the request of a lot of the area residents warning phone but now that that point is moot so but we've not had any significant inquiries since that sale last time this came of course when the quest from the owner was for the general commercial Iram to recall some discussion about the representative of kroger saying there's not enough space there to to put in a grocery store any comments on that well rattles thought there were in fact they were looking at pad size as well I don't know exactly what size store they were looking at at the time very similar we thought to the existing rentals here in the league city but they they thought it was a ghost pays for country store as the director of our economic development corporation does the EDC have any type of position as to what type of business they think would be best suited or appropriate in that location to serve the citizens of West Side know we've not taken a position or discussed that specific site location since the sale was made thank you for your comments ok miss chambers last time this came the course and the request was to change it to general commercial I seem to recall that the PNG was unanimous to change it to general commercial and the council disagreed this time I see that it appears that the pn z is voted unanimously for approval to change the zoning what if you if you're you know now what was pansies discussion with regards to this property in this zoning change request it's my understanding councilman that p & z did approve the CM zoning based on the direction that council provided the applicant at the last council meeting when the african did request to cici's cg zoning counsel advised that they come back with a CM and it's my understanding that Panzi supported that for that reason because the applicant was abiding by what council had directed Thank You counsel makini miss chambers what is the requirements for developing a commercial mixed juice what is this site plan that a site plan has to be submitted whenever the property is zoned commercial mixed-use and that site plan has to be approved by the Planning and Zoning Commission in all the other zoning districts site plans are approved by the development review committee and ultimately approved by the yes city engineer however in the CM zoning district it is a design for a unified development and that unified development plan must be approved by pian zi and and when winds should that I mean not when as far as a calendar date but went in the process because what we have here is the you know we had a zoning change as one issue on the agenda and then the very next one was a request for special use permit and on that special use permit that was starting developing a small portion of that so should the site plan come in before asking for individuals pieces because isn't that what the site plans supposed to do is provide a unified development that's a very reasonable question councilman typically if the property is our red zone cm of course we would see the site plan in this case the applicant was basing his zoning change on whether or not he could get the special use permit to do the gas station which is why he that if he didn't get the special zoning he of course he did get the special use permit he did not want to change the zoning and I think that's one of the reasons why we're not seeing a site plan as of yet and also typically and in a zone change we won't see a site plan until the applicant is sure that he's got no zoning approved before he expend any money in getting a site plan developed but this is a case where the applicant is wanting to be sure he's going to have the special use permit to do the development before he proceeds but nothing's been presented to PNG or to staff regarding some unified no sorry we have not seen a unified site plan at this time calcio samuelson a couple other questions for Miss chambers if the zoning were changed had been changed tonight what type of buffers would have been in place under our existing ordinances for the people in the neighborhood behind them I think it's important that people here there would have been a 50-foot buffer requirement just a 50-foot buffer from this from us district and any and i'm not sure looking at where the residences are in relationship to the site without seeing an overall site plan it will be difficult to tell you exactly what the purpose will be but we do know that there is an adjacent open space zoning district to this site and that would be require a 50-foot buffer buffer in the event the layout of the site plan has any portion of the commercial property adjacent to residential area there would also be an additional buffer and landscaping require typically 30 foot okay you heard a real her mr. elviria up here he presented a letter to the council and he listened 13 different types of uses that would be allowed in that area had we changed the zoning such as hotels lodging undertaking industrial research auto rentals auto equipment vehicle service building materials Convention Center communication facilities communication towers and structures self-storage facilities what other types of uses would be allowed in that space were we to to change the zoning as requested tonight I don't have a complete list of the zoning ordinance here with me tonight councilman but the commercial mixed use is more of a regional type zoning district it is designed for to provide services for an area other than just the neighborhood that is adjacent to the current zoning of this is the CN which is of course designed for neighborhood commercial type uses once you take that to the CM zoning district you're really saying that you're developing this particular track to service areas other than just at adjacent neighborhood so you're going to see a wide variety of commercial uses in cm district could it be retail shopping definitely yes sir that would be allowable under the proposed zoning change yes it was one retail would also have been allowed under the CG however is limited in size last question I had was as it is presently zoned as neighborhood commercial have you had any inquiries from any prospective business owners or developers to to put any types of commercial uses there I have not our office has not thank you no further questions Thank You councilman barber Mary couple other questions very I think one of the advantages that was pitched to us when council I guess there was some mention of coming back for CM designation was that the advantage was that the PNC would be allowed to look at a unified minister plain as he described earlier that correct that is very for accountant now I guess my question is the interesting thing about that is that they have to review that but all those uses that council singers have just described they're allowed by right once the CM designation is zone that way isn't that true that's correct so it doesn't see I mean I understand that they want to unify didn't have a master plan in place basically any of those things go once it once it's there right yes once the zoning is approve those uses go what allowing the p + Z to approve the unified plan the comfort level that that gives is that you have that body that is responsible for the planning of the community looking at that plan to ensure that it does provide adequate support for the neighborhood and not devalue anyone's property in that area but also that it is comparable to your comprehensive plan and that it follows the direction and the policies council has said I appreciate that it it still allows that it puts them in a position to try to make it the best they can in case they want to put a hotel there it's allowed by right once the CM zone but they could try to do what they can to make that the best they can say or minimize the impact by reviewing that unified plan I understand and then one question for either the mayor of city attorney on this and I think council makini correctly stated that we really can't approve an SUV at this point or prove or devote on a CPA this plan is that correct since it's not been changed well you could vote on an improvement but it would be a nullity because you can never make use of the permit the underlying base don't think I'm just wondering if it's truthful to even have but I know councilman Santa some wanted to have a discussion I appreciate that but I don't know if we're going to really build on this well there is a motion on the floor with a second so unless our with drama much okay thank you and let's see how would John the second in there we can bring that back up right there's no provision for that no prejudice to okay alright so the first has been withdrawn as has the second so we now move to 5e told the public hearing to designate the main egret bay boulevard and FM 270 as it extends from Clear Creek to FM 646 so move Councilman Jim Nelson said motion to approve and that was a public y miracle sorry I'm sorry there after that I am NOT happy to consider and take action yeah I'm sorry hold a public hearing to designate egret bay boulevard on FM 270 as it extends from clear free to FM 646 rope is public hearing at 638 sorry anybody that like to speak to this please come to the podium my name is barry evans i recently opened my law office building on FM 270 at larger and in the past several months i found there's a lot of confusion out there with people not understanding once they cross the bridge it's no longer egret bay and it becomes FM 270 and talked to several the business owners along they're not received any objections and I think it would be more consistent and would help the city to name a [ __ ] Bay Boulevard as its it is a very beautiful Boulevard so I thank you for your consideration very i also wanted to come in to you i received a letter from you a while back commenting and complementing our staff on the job that they did assisting you in your development and i've been meaning to call you and say thanks for that kind letter because i know that took a little bit of time so since you're here tonight thank you okay okay is there anybody else that like to speak to this issue okay hearing none we will close this public hearing at six thirty nine and move to 5f now consider take action allah norden's to designate the name user bay boulevard on FM 270 as it extends from Clear Creek to FM 646 Omega first is done ok Thank You councilman jim Nelson's made the first councilman Mike Barbour has second to that motion is now over for discussion hearing none please vote core is unanimous motion passes remove the item number 5 g hold a public hearing on zoning change application z 06 21 to rezone approximately thirty point seven acres from commercial mixed-use to general commercial nearly described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 1415 a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of i-45 anybody like to speak to this item please come to the podium will open public hearing at 640 seeing none we will close this public hearing at 640 p.m. and we will move to 58 considering take action when ordered some ending ordinance number 2005 dash 24 degrees own approximately thirty point seven acres from commercial mixed use to general commercial legally described as portions of lots 55 and 56 of addition d to the town of dickinson subdivision and portions of tracks 14 15a and 15b of the perry and austin league survey abstract 19 generally located south of FM 646 and east of high 45 mirror luke to approve council mccomas has made the motion to approve look in the council and jim nelson second of that motion it is now open for discussion hearing none please vote four is unanimous motion passes item five I hold a public hearing on zoning overlay application z06 dash 16 / p for a PUD overlay on approximately 40.0 acres zoned RS f7 single-family residential with a minimum lot size of 7,000 square feet legally described as track 33 of the stephen f austin survey generally located north of FM 2094 in west of davis road with the approximate address being in the 800 block of davis road anybody like to speed come to the podium please will open this public hearing at 642 mr. mayor council my name is Dale hardy and i'm representing the african this particular issue want to take just a minute to kind of review the project site this of course is Davis Road this is the start point subdivision down step 17 this area right here this is the wharf marina fork down ORMs around here this is at recommend that we're talking about right here all of this area in here is where the primary development will be and then it will be a series of blocks running along here is another map and a few minutes that will show that more clearly some questions have been asked relative to the site's wetland in fact this map right here and the color doesn't show up very willing as I apologize for that this area right in here is what has been identified delineating and approved by the Corps of Engineers as being jurisdictional or wetland property of that total tract which is roughly 40 acres as approximately nineteen point four acres that is that it's jurisdictional water that's a very out here and there is approximately 1.94 acres which is considered jurisdictional wetland that's all we're dealing with on a track which leaves you roughly 20 acres of developable upland land mass and that's what we're actually working with this particular project has gone through the core permitting process we've submitted our documentation for the wetland delineation that has been approved we've submitted our development plans public notice has been processed those public comments have been returned public hearings have been closed we are now in the process of a 30-day response on all of that the Corps of Engineers at this juncture is say they're good to go with what we propose the Texas Parks and Wildlife however have come back and said that they're not real comfortable with the island idea that we were originally talking about they would rather see us minimise the mitigation on the wetlands we have a couple options for doing that both of which would be well within the confines of the foot that we're asking you to approve tonight and neither of which would would impact the wetlands one of course would be to simply eliminate a lot possibly two outs at a lot 1 & 2 right right down that corner the other would be to go with a shelf around the outside perimeter edge of the bulkhead there's couple projects we looked at did that we can add the mitigation that they're asking for in that area so at this juncture we're only dealing with one agency that still has a has a bit of a concern and we've got 30 roughly 30 days to continue our negotiations and try to respond to them and resolve that issue the type homes were going to see I'm running out of time so the take homes were proposing that's okay you go okay the tape owns we're proposing out here are very similar to what people which you'll see in these photographs and these photographs actually come from the woodlands this is a very similar development format torts in woodlands the common drive areas the reduced setback lines one of the things that we're asking for one of the variants are one of the variances that constituted the food that we're asking for is we're not proposing to put sidewalks in this area and the reason for that is there's this is a neighborhood that all of these houses are going to be the only place you're going to walk is across the street or down the road to your neighbor's house there's not a grocery store there's not a school there's no other place that you're going to be going and because it is a gated community there's not going to be traffic traversing the site we're simply talking about people within the site moving from one to the other are visiting with one another so this lends itself very well with that it's a large page or paving stone or possibly stamped concrete drive ariat in this area the sidewalks are attached the driveways you can see the side garage here in this area so that's what we're asking for there was some conversation in front of p + z about the sidewalks on davis road and if you've been down there recently roughly a third of it has sidewalks and the balance of it doesn't the developer in this particular case is certainly going to build a sidewalk along the entire frontage of davis road from the Northland to the south line which is rather significant amount of sidewalk so we're not talking about the public sidewalk we're talking about the interior on the private streets as part of the variances that we're asking for me there's a another photograph I'd like to show you this would be this would be a rear view again we're proposing it's a little bit different because what we're proposing in this area is a canal but this would be the this would be similar to the backs of the houses that would be backing down to the canal and your water weight in this area here and of course we've got three of those canals that will be constructing but houses on either side and then we have approximately seven lots that will be directly on Davis Road that they're on the north end of the development site the the other issue that came up and i think if you've had a chance to read a staff report the other issue that came up had to do with the private streets as you're aware the city charter actually defines a public street as being a 60-foot right-of-way and of course that's not what we're proposing to do here so this one these will not be properly private streets these will in fact be private drives contained within a common area it will be owned by the HOA operated and maintained but there will be an overriding easement granted back to the city of leaf city which will allow for police ambulance is garbage collection utility companies anybody else that needs to get in there there will also be in conversation with the fire marshal we've worked out an arrangement to where we do have the secondary axis point in case of emergencies would be in essence a crash gate so that you can get in and out of the development in the event that there was something to thought for primary access beyond that I think I think I've addressed most of the issues that I've heard and for the most part most of the issues came up TMZ I'll certainly happy to answer any questions you have either now or later when you begin to deliberate either way any questions yes okay I'm sorry me great they were um take a deal for that you mentioned earlier about the woodlands because one of your clients that's doing this is attending to do this project was involved in developing a business mr. Brown Richard Brown yes sir he's here tonight yes here tonight yes it's my understanding that he is and I don't know him never met him I've done some research on before I think he's been awarded for being able to do environmentally sensitive projects and what they've achieved in the woodlands has been stellar is that correct that is very correct as manufacturing Lemaitre I didn't say a lot about it tonight but we made a presentation to pnc we talked a little bit more about what the IMP new image that we're trying to create out there and what we are trying to do is blend the development as much as possible with the existing environment we do have some very sensitive wetlands out there we've got very nice water body out there the approach we're taking is to minimize the impact and to inform you tend to maximize you know the views that will be creating and the this Enclave kind of kind of sensitivity that you will have within the neighborhood itself it's been very well designed along those lines any more counseling cones yes thank you Mary mr. RDL before we make a motion or moving over to guess for approval or denial on page six of seven of the staff report or our package I guess we have several recommendations and I want to be clear before we make a motion you stated about the sidewalk variance not to be granted this is staff marrying you may want to answer it for us is this the same sidewalk you're talking about or is this the sidewalk bets on Davis Road I just need clarification before we make a motion these recommendations on this page how does that affect you in this development the organizations that you're talking about a relative to that to Davis Road ok yes what we did with this staff report was a little bit different because we wanted to show that once the if council approves the PUD that staff would be looking at other issues in the site plan development and we've discussed these issues with mr. Hart okay so therefore you're not looking for a an approval with recommendations or or no sir we're going to we're going to handle those and 11 we're reviewing the site plan or the master plan is that pretty clear with you mr. or desert suggested that was our understanding as well yes sir okay thank you Councilwoman Sanborn the sidewalks was a concern that that I had when you brought that up if you did that that hit your back and show me one more turn and the neighborhood explain to me in why we would not be putting some blokes in or the house is actually going to be as that picture shows us that close to the the development we're proposing will be very very similar to this as far as the as far as the proximity of the houses to the draft within the body of the of the design work that we're working on right now or it will actually have a staggering sum of that some of the properties will be you know 15 feet from the edge of the pavement some of the properties will be 20 feet from the edge of the pavement what we don't want to create is a picket line on the front of the house that's what we want to do is create some texture to the neighborhood and by doing that will move the houses in and out depending on the site and the location and the view quarters that we're trying to create the reason we're saying that that that several we're basically seeing the sidewalk is not a necessary component of this type design and the reason for that it's like I stated earlier the only place you're going to be going if you're walking out there is is within that neighborhood it's all once you enter into that neighborhood is like being in your own backyard the entire neighborhood becomes one and the same if we if we tried to put sidewalks in there you'll be talking about chopping this green belt right here is where you'd have to put those sidewalks and you're not going to segregate the the pedestrian traffic significantly enough from the vehicular traffic that you're going to create any additional safety zone because you this is not a curved type street this will be a rollover type to curb the high point will be the street and everything will break back to the canals so we just don't feel like it is consistently with the image that we're trying to create out there and by leaving them out we don't believe that we're creating any pedestrian safety issues or driving issues because this is Oakley you won't be going any faster on these streets and you would pulling into your driveway and going toward your garage what about it you parked in front of the home and people parked in front of the homes and children were riding bikes or out playing that's a possibility too right that's that's a possibility but but quite frankly if there are riding bikes there as in most neighborhoods are more likely to be on the street than they would be on the sidewalk anyway one of the things we'll be looking at with this development is some common area parkings and common areas and wide spots where you can pull off because one of the things you've got to keep in mind is that you know if you've bought one of these homes for example and you were going to have a party not everybody you invite to the party lives there so there would be guests coming in there would be a requirement for additional parking so those are the kinds of things that will be detailing out as we move towards a planning process and the engineering approvals the the variance associated with the pud is simply that that not being mandatory requirement within the body of the development would there be room on these streets or a school bus to go down the streets yes the streets and the cul-de-sacs meet all the code requirements for a standard residential street within the City of Lake City it's only the right-of-way the width of the right of way that we've shrunk we haven't shrunk paving the requirements will still meet those requirements so a fire truck school bus any of these type vehicles could traverse the streets making normal turnaround within the body of the cul-de-sac and leave the development just as they would any other subdivision or into the street because I know that there's some that some of the streets that we have that are private or just some subdivisions where they have to walk down to the end of the road because they're not able to turn around so thank you that's how I have counseled Nelson is briefly I ever wear that cars located why wouldn't if he had three or four maybe five cards why would that cause of safety issue without sidewalk without a sidewalk because again the traffic we're expecting out there is going to be just like that it's going to be a parked car you're not going to be going any faster in that area then you would in your driveway if you were going to the back of your driveway the other thing is we've got the street without there so if you have a car parked on either side of it there's still room for a vehicle to Trevor it's the center or for that matter of bicyclists for pedestrians or anyone else it it's not so much an engineering issue and we're not trying to save money what we're trying to do is create an environment we're trying to create buzz that's feeling this look to where once you're in that subdivision you don't have to get all the way to your home and be in your backyard before you feel this this neighborhood feel you feel it as soon as you come through the gates and you become part of that community council McCollum's just one other thing they'll just to clarify I know we're talking about sidewalks the sidewalks actually going to be to the east of this road correct out on Davis Road where the fence is that correct and so there is a sidewalk that's going along with it I think everybody's getting confused there's no decide well let me put another map here from money you still have a sidewalk but it's outside the gates for people to walk down the street that'll work pretty well the the photographs we were just looking at photographs we were just looking at a few moments ago would have been in this area here here your streets here your canal and your canal and this would be clear creek coming around here so these Lots would actually front on clear creek the sidewalk we're talking about will be out here on Davis wrote and it'll run from here all the way up to there and that will accommodate your public pedestrian traffic that is that is moving back and forth long day before ever and that's where I said while ago about a third of davis road has sidewalk some cases both sides some cases one sad if we put this piece in there it'll be a big jump toward getting a sidewalk one into the other ultimately leaky boats going down this tonight yes yes these canals I think the design parameter run that's 50 feet so so you're you know you're not going to bring on you're not going to bring a young you know but a ski boat small sailing vessels I canif it'll certainly be able to go in their boat list I don't know what the plan is for that are you know that's that's kind of getting into the architectural design scheme and I don't know whether they're going to have boat lifts or whether I would anticipate that they're probably going to have some Heights requirements to keep that low so that you don't obscure the visibility but that's just an opinion I don't know that any other questions for mr. Hall okay thank you is there anybody else I'd like to speak to this issue we thank you mr. mayor city councilman my name is mike conway i live at 793 davis road I've owned a home marina point for over seven years my house and those of 29 of my neighbors are just a hundred feet from the South property line of this proposed development so we will be the most immediately affected by it personally I think that the proposed plan is a superior use for this tract and then it will positively affect the Davis Road neighborhood and be minimally intrusive to the neighborhood I think if it's built as proposed we'll all be very proud to have it in Lake City I think it's going to be that nice and so I urge you to vote in favor of it thank you thank you anybody else my name is Bob Ward I'm president bring appoint the kind of any association and I just wanna say that I want second Mike's motion that we think this will be a great use of that property and help all our property values is quick looking for going to fort one of those thank you good evening I'm Larry read i live at eight nineteen Davis Road and I want to add my support to this development as well thank you thank you sir their counsel for the record my name is Chris Holman and i live at 23 32 crow's nest dr that's down a davis road i'm also a member of planning zoning commission as you know and the NZ did recommend approval of this overlay but i'm really speaking tonight as a longtime resident of davis road and lee city was a little surprised at P & Z when there was quite a bit of negativity that came out against this requested overlay zone oh just to give a little background my wife and I have lived at the wharf uber account on there in 1979 Wharf was the first project on Davis Road in fact that's why Davis Road was was built at that time actually paved and we've watched Davis Road to kind of build out through the years and this 40-acre parcel is the last undeveloped parcel down Davis Road and we've seen a lot of different plans over the last couple of decades a couple decades ago high density apartments were proposed and attempted and then higher density residential and we really think that that what is being requested this evening as far as the overlay zone and the concept is is absolutely the best plan that that's surface in a quarter century before that track and the reason being is you know I'm comparing it to what else has been attempted over the last 25 years what exists on Davis row you {00:00:44}	INDEPENDENT
5	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	0bHgnNOsa-k	League City Council Meeting for September 12, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	229.933333	2011-04-25	3	2006-09-12	NaN	NaN	INDEPENDENT
6	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	4Jq6wPKpjqE	League City Council Meeting for August 8, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	111.550000	2011-04-25	0	2006-08-08	{00:00:12} thank you okay super hot good evening we will this is City League City regular meeting August 8 2006 at 6pm five number one call roll Gary Schultz here and Nelson we spread these in the back is in the back by Barbara there for Tommy Cole here Chris Santos on the president to a Sanborn here John Keith we will now move to item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag the invocation tonight by pastor Jeff work out from bridgeway fellowship and this would be a good time to put all cell phones on vibrate let's pray together by the weakest thank you for this opportunity to come and to do this important business for the city I pray for the decisions that will be made tonight I pray for the discussion it would be honoring father and that Lord God you'd be honored in the decisions that pray for wisdom for the leaders as you ask us to pray for our leaders and so we do pray for wisdom for them that you'll help them to make good wise sound decisions we ask this in Jesus name Amen the United States Army to the Republic for which it stands one nation under God indivisible with liberty and justice for all on the next slide I allegedly the diocese one universal alright we will now move to item number 3 g's approval of minutes we have you I the seventh workshop July this hint workshop july the eleventh special meeting july the eleventh regular meeting and july the 12 specialty there any changes to these minutes hearing none there so approve item number four presentations of a proclamation designating august eight 8 2006 s harbor swim tithed a councilman's Mayor Pro Tem Tommy cones all right I have four of these are the recipients here just lure man yes y'all want y'all come on up here sir well y'all just come around here and you just turn around and stand and face the camera and everybody be able to look at you when I read over here guns let's go up here yeah come on all right let's see me names we have you three kids under full proclamation to presentation all right are you want here we go whereas the harbor tide 200-yard freestyle relay swim team consisting of swimming Alex petty Cameron Goodall David creche and Ashton Duke as the anchor set a new record of two minutes 18 seconds point 56 on Sunday july second 2006 at the clear creek swim league championship meet their way here from philly will occur at the clear creek swim league championship meet in baytown beating the record of 221 point 21 set by an opposing team a week earlier if the boat is time through 10 year old division the brass the boilers are part of a new swim team led by william Alton the clear creek high school coach whereas as a new team member they are hoping for 20 hit 20 to 50 swimmers and in the end had 210 swimmers mainly from the south shore area whereas the boys have shown great teamwork and have encouraged one another not only in relay events but in individual events as well whereas many of the children rode their bikes to the harbor park pool for practices and a number of high school swimmers volunteered their time every day after school in May and every morning in the jun now therefore i gerald by virtue of the authority vested in me as the seventh mayor of the city of Lisa T do hereby proclaim August the 8 2006 as Harbert I swim team day in witness whereof he runs who sent my hand and calls the Great Seal of the City of Lake City to be affixed on this eighth day of august two thousand six and they look like the wrong saying if you find that's not the case we also put that back yes we got one from coach mayor okay very good coaching no can I want to get some pictures I alright congratulations on me and the coach and everybody else that participated in that you cannot spend too much time with the youth of this community drive back that a hundred percent we now move to item number five public hearing and action items from public hearing there are none item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in a property or a business located within the city or their attorneys a statement of no more than three minutes may be made and items of general relevance there will be no yielding assigned to another program state law prohibits the air and members of City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult the views malign or slander any individual shall call shall be cause for termination of time privileges and expulsion from council chambers ed farmer Thank You America city council my name said farmer along with Scott children from big leader in sports park here in League City on behalf of big league dreams I'd like to announce a couple management changes that are happening here at big league dreams I will be leaving September first and opening a new park our newest venture in manteca California and Scott Sheldon longtime resident many of you know will be taking over as a general manager of the big league dreams here in league city it's been a pleasure working with everybody here we appreciate your support I promised Barbra I would keep this very short so I will again thank you very much just to let you know big league greens is doing extremely well we're very well ahead of the expectations that we set out for us today so far again thank you for all of your help and I ask for your continuing support of scotch Sheldon thank you thank you Tim talus good evening mayor and city council Kim tells 41 year resident of League City I went door-to-door and by you Bray about the no parking problem and body brain the signs are put up everything went door to go around three times well this law is not being enforced whatsoever myself and other people have to call the police this law should be automatically enforced and when I went door-to-door the two complaints I've got from citizens in that neighborhood for two things the businesses and number one the students we have six businesses in that neighborhood you can get anything almost you want you want bird seed we got that you want safari animal clinic in their medications whatever we got that you want ice cream there's about six ice cream trucks park in that neighborhood oh and then we got rent a room right down the street from me in which they've recently ran over my yard and Criminal Investigation Division of Lake City police did nothing and if you want to find who's got your signs I think they got them who stole the size own would win way and then on Biola we have illegal drugs per second it goes on and on and on but you know it's all good according to the building department and the league city police because they've got better things to do because on july twenty ninth once again I was harassed by Lake City police over there on 270 at 518 lick see please do in a circle with their lights on once again don't we have something else better to do here in league city beside her ass a person who has systemic lupus and melanoma I got five doctors they'll back me up in court that I ain't on no illegal drugs what is mr. CID half nothing well I tell you what I've retained an attorney and this city's getting ready to go down you want a plane you're going to pay I got two sisters have been sexually harassed by this city so I don't know I don't know where it's going to end but I do know this somebody's going to pay so you guys just keep harassing me and if it ain't the police harass me I love it it's the EMS they're turning on their sirens horns and stuff and harassing me what's with this I just don't get it I just do not get it Thank You the next certificate blank a blank three okay okay thank you sir all right how are we now move no Phyllis do you want to make a motion yeah I'm going to make a motion to suspend the rules and move item 11 be up for discussion second also a little air okay I'm sorry Phyllis made a motion to suspend the rules and move item 11 3 11 be up and that motion was seconded by Councillor John Key ok council keenya second is that motion Alan in elsinore 105 got his openness Oh alright please vote on the motion to suspend the rules move 11 VF motion for is unanimous we will now move to item number 11 be consider thank action on an ordinance amending chapter 70 of the code of ordinance ordinances of the City of Lake City Texas entitled offensives fences and miscellaneous provisions by the addition of a new article 3 entitled regulation of sex offender residency this was brought forth by new council member Phyllis Sanborn and I'd like to make a motion to approve on first and final ok counseling sanborn has made the motion to approve this on first and find also could councilman jim nelson his second to that motion this item is now open for debate else miss Anderson I think this is a great idea having to do with where registered sex offenders are able to reside within our city as written the ordinance states that no registered sex offender could live within 2,000 feet of essentially any area where children gather which could be a school could be a school bus stop could be a number of places city parks you name it obviously sure everyone up here and most people in our community would like to live as far away from registered sex offenders as possible the only concern that I have is I know there's some litigation going on in the state of Georgia right now or they enacted a very similar statute or ordinance that don't if whether or not registered sex offenders could live within certain distance of school bus stops and if you look at the map this effectively would almost any sex offender from living just about anywhere within the incorporated city limits of the city of lead civic city and although we'd like to have it that way it's probably unconstitutional I'm sure that we're setting ourselves up for some type of litigation in that regard other than that I think it's a great idea and great spirit behind it but we might want to consider something less than 2,000 feet councilman Sanborn mayor could I have difficulty grant come to the podium in case we have any questions absolutely detective grant could come up I had the pleasure of meeting with detective grant and working on this since last March and I certainly am NOT going to take credit for this detective grant I give him the credit part but I want you to know all we have to do is listen to the news to know why this ordinance is being presented a primary purpose in this town is to protect our children and this ordinance would do just that this is not allowed registered sex offenders to live within 2,000 feet of schools parks registered daycares and places where children commonly gather the ordinance is not retroactive to those that are registered that already live in a city and it wouldn't require them to move however it would require anyone that's moving into League City to register some of the cities that already have this ordinance nearby our Santa Fe Alvin friendswood and mandal and that's just the name of you the state law currently has a thousand foot safety zone for those that are on probation but after they complete their probation there is no safety zone this ordinance will pick up for the probationary terms leave off I'm very passionate about this ordinance and I don't believe this city council will allow league city to become a sanctuary for sex offenders fleeing other cities thanks thank you Ted Nelson oh just a couple questions for our attorney I you've looked at this and you believe this will pass constitutional muster what I will say is this virtually all of the ordinances that I've seen passed on the state level in the state of Texas anyway have a thousand foot distance restriction so this one is certainly what we call this certainly takes the distance obviously much further than most of the cities around a set of passes ordinance conversely there are a number of state statutes that call for a two thousand two thousand foot distance most notably Iowa Arkansas Ohio and Oklahoma and recently there was eight circuit opinion called Doe versus Miller in which the Ohio statute the two thousand distance statute was upheld on a number of different constitutional challenges it was a class action case that was brought by a group of sex offenders and the challenge failed in the eighth circuit unfortunately we don't have a Fifth Circuit opinion that we can go by but that's the most recent case that we have out there it's still vs. Miller so to answer your question I do think it will I do think that under the current case law it will pass constitutional muster although I must point out to you that the distance is significantly greater than most the ordinances that are being passed now and do you think it do you think we could pass an ordinance that say we just don't want to live in or tell I don't think we could do that okay let's look at this map that we have up here it looks like approximately if you see the places where people actually live in our city and we're eliminating close to eighty eighty-five percent of it just taking a guess do you think that that was that ever considered in those arguments can you see that now or do you think that matters at all when you look at the percentage of space in a city that is eliminated from from access by the body well certainly if I was challenging the ordinance i would i would point this as being one of my main exhibits i think this is a substantial restriction on the ability to to live within the courtroom in the city I've got no problem eliminating them from coming to the county the city the state that doesn't faze me a lick personally but who's going to pay the bill when we litigate is the city of League City pad does miss Sanborn and cease ASD pay it does tml pay and who's going to pay the bill when we have to litigate this at some stage well if there are no damages being sought against the city that it's unlikely the tml the provider defense if it's strictly a constitutional challenge then my office would likely be the thing that's the case and you get paid we pay you by the hour tour yesterday okay and that would probably be substantial I would imagine to to defend us on this right as far as it wants to go I think it would be a substantial cost okay and so the City of Leeds day without the bed yes okay council makini well you know I think that the city has an obligation to its citizens and sometimes that you have to be fairly restrictive whether this will hold up to a constitutional challenge I have no idea what are the plans you know I'm not real familiar when when I when a sex offender wants to live and reside in League City they have to come register with some place where they register with good evening mayor City Council and they register with me at the police department ok move into the city they have seven days to register with me on the eighth day a warrant is issued for their arrest League City Police says of the departments in this area it's zero tolerance they come register with me ok it's or up is there a plan and place where when they come and register they're going to somehow be notified I'll be given a map and areas pointed out or how's that going to work cut it right here what they do is they come see me that's a procedure manual right there or what it oh this is this is the map of leaked city okay and basically it is it is color-coded to where all the streets are included on this map so they come visit me and say for example they want to live on bennigan's street I'll take the map look at it and basically the falls within this color code then they will be informed that violation of city ordinance if it was to pass that they would be unable to live there okay there are different areas in the city where sex offenders conflict we had one register today that would have actually if this ordinance had been in place could still moved into the residence he was renting is now I heard that if they already live in league city that they would be grandfathered in if they move say from one place in league city to another they have to come and let you know that they have a change of address yes sir and are they and then will you consult the map to see whether or not they can move to that new place or and if they can't then then they're not really bothered anymore but what I plan to do is I plan to inform the sex offenders that live in the city of the ordinance if it passes they will receive written confirmation from me whether or not they do or do not live within a zone and it will be explained to them in writing and in person by me if they do not live in the zone as to what the city ordinance is and how many sex offenders are currently registered as living right now we have 46 46 on 42 would be grandfathered okay if it doesn't it doesn't apply the way the way it was written it doesn't apply to juveniles it doesn't apply to adults that were convicted as juveniles what I base this on is those pedophiles that target children we now have for sex offenders living in the city within these zones register with me every 90 days which means they were convicted of multiple offences against children they're not on probation when they go to TDC and they serve their time when they come out if they've served their straight prison time they are not on probation there is nothing I can do to prevent them from living next to a park I can you tell me that's what that's fine can you tell me where in here that it takes care of I mean deals with a juvenile or oh the person was a minor when he or she assured number 2 e 2 yes sir okay the only the only real concern I have with this really a 70 dash 53 and it where it makes it unlawful to sell let or rent any place structure a part thereof manufactured home motor home trailer boat or other conveyance with the knowledge of use as a permanent temporary residence by a person prohibited from establishing such what that does is if somebody if you let's say you're selling your house and someone happens to mention that you know I'm so glad I found a place to live you know I've had trouble because I'm a sex offender and if that person that's selling that house doesn't know this law we we've just made them a criminal you know guilty of a misdemeanor possibly upon conviction and so you know Arnold was written but didn't mean that this come out of some language or who drafted this part of it I was actually provided this draft by detective grant i believe and but this is drawn it's basically drafted and pattern apt of most of the ordinances that are being passed by the other municipalities what i did however was took it and clarified some of the provisions that were not clear particularly those that had to do with the types of offenses and the definitions of places were children gather to me there was some uncertainty and i sort of clarified that but but by and large this is the ordinance that you're seeing past I could I could support this if it did not have a section 70 dash 53 where we make criminals out of people selling their houses who may become aware of the knowledge that they're selling or renting to a registered sex offender I don't think I can support it now or don't we have to have in the past when we've done first and final we've always taken a boat to agree that we are willing to do this first and final like you're going to need two votes you need a vote first to see whether or not you want to pass this on first and final and then pass or fail then you would take your vote on the first reading of it okay if the motion to pass on first and final fails you just have your first reading tonight have a couple of people on the queue let me just say that fell aside I want you to know that this is that this is a good thing I mean this is this is the kind of thing that that I think counselor should be putting forward and I know that you probably came up here tonight thinking you know hey look what I've done the Sun during the storm I've been there just hang on and keep your eyes on the prize we're going to continue to debate this out I think that all concerns are valid but I do applaud you for removing for discounting comes officers grand for the 2013 instead of blue when I went around the cities and got copies of their sex offender ordinances and began to talk to the peeps avail the police departments that did this basically it starts with Alvin ninety-eight percent of violent sex offenders cannot live there because I'll be small they did parts just like they did but they followed the state guidelines of thousand feet so did other cities however now because of Iowa to wear that did passport challenge mustard for 2,000 feet and friends would other cities now we're looking at expanded into 2,000 feet that's why I went with 2,000 features trying to get more and just trying to make it safer for the children yeah i think it's a it's a great ordinance and also i do have some concerns with 70 dash 53 but i think we could work through that and the rental side of it what usually happens is i'll get people calling me complaining because they've actually rented to a sex offender that's lie to them and they want to know what they can do to get them out right now while i can tell them as well i'm sorry but you're going to have to go through the civil process it happened up at landing about two months ago the lady had no idea she rented to the sex offender brian and i agree with you that would be the reason with people you know i'm not saying that i'm going to go out to those who writes them obviously it's up to me whether or not they they would or not that least it just gives us another ammunition that gets suspended right and I'm not for sure I mean we have another another lawsuit or lawsuit that we went with here while back with the Houston Chronicle and you know we talked about constitutional law and everything that we're fighting so I really don't believe that miss Sam born in CCISD comment was was needed I think you're trying to do a good thing here and I agree with you we need to tweak it a little bit further to make it right but I do agree one hundred percent waking the Sanborn appreciate you bringing this forward partner the next q almost how did 1753 or whatever the nervous how did how did they get past you and what you're as far as the legal opinion what if you look at this it requires that the seller of the property or the landlord have actual knowledge of the fact that the person is a registered sex offender before they can be found guilty of a misdemeanor so it has to be proven that at the time that the property was sold kind of as a contract or sailor at the time that the lease was signed at the the person selling of the person at least in the property what had actual knowledge that this person was on the registry list Khalfan Nelson I'm officer Brent why why do you say it helps you again you if you have this part about the renter or the seller what is that facility open what happens usually is a a person would call me and as I say it has happened she rented a house to a registered sex offender and basically she told me I had no idea and I've just have said all my neighbors and I just don't know what to do so therefore my remedy to her was well now you're going to have to evict him her response to me was well so now I've got to spend money in the JP court time possibly hire an attorney to get that person out because i did not know obviously if the person does not know but we're not going to do anything to those people i'm usually probably missed the time but but why does that help me all this says is that you could charge her with a Class C misdemeanor cry if they have knowledge right ain't knowingly okay so why is that how does that help you get the person out of it anymore I mean I don't understand I agree with everything you just said but how does that you can still get the person out if you take that section out and this offender moves into this house you can still remove the offender absolutely so why do you need something against the deal not to cover us if we have people that knowingly to sex offenders okay but that wasn't an analogy you used I mean so you think there's people but if you rent knowingly well that wouldn't matter that's right that's exactly you can owe a lil bit you can still get them out exactly okay kelson Barlow first of all I appreciate you coming in nice questions this is very compact my head oh I'm sorry I'm sorry Mike go ahead ten second life second question I had over is there any school that is totally eliminated that has no pockets where somebody and as a sex offender can live and go to that school is on school that's eliminated I don't understand the course okay we have all these pockets of these yellow pockets yes okay is there any you know you know the boundaries of every school so right okay is there any school that within their boundaries there's not one pocket where somebody can live and go to that school no this goes got 2,000 feet around it you're missing my point okay you know how this you have to school and then you know for that certain school you live in a certain area to go to that school yes what I'm asking you is there any school because of bus stops or any other kind of thing that by using the two thousand foot would not have any ability for one person to come there that lives in a house where sexual offender can live so you think every school could so I think that would that would be a problem if some school is basically immune so we can go to a school school that we don't know and that would clearly be a constitutional problem exactly okay that's and this action and this really doesn't apply to a juvenile offenders in which we do have several it also doesn't apply to the adults that were convicted as juveniles all right I defendant but if an adult has been convicted they have children you know that child might not be able to go to that school because they couldn't live in that area is what I'm saying it's contrary to popular belief you know sex offenders do have children Oh Australia and again I'm 100-percent for this it looks good I'm just trying to make sure we don't spend a lot of money trying to defend it here look your help is greatly appreciated thank you very much and it does look very good thank you for your hard work count them all take the square oh I really listened with great interest bring up really good points about the two thousand feet and when I look at that I can I can intuitively 11 gather that the increased buffer zone would be more protection for children so it has the foundation but it also concerns me that it does wipe out most of these sites central and presumably there will be areas that what up limit some of the southwest side when it gets developed so I guess my question you know you said you had these fenders come in and they'll they'll bill register with you and you have the maps that you can point out residential opportunities that are legal for them yes yeah at this time when you've gone through that it looks like there are plenty out there even though most of it's done I mean are there options that are reasonable and if so I guess because what I'm going to get to is maybe we could pass it with 2,000 feet and if at any point it starts to look like you know there's no no we're maybe we need to tweak the distance at that time before somebody does get an aggravated and take its litigation because they can also litigate if we send a thousand I'm sure they can just not like that it take us to court so in other words in your judgment do you feel like there are still reasonable opportunities and could communicate to us if that's no longer true yes thinking Marty I'm curious if a person moves in and I've got three people with you that want to talk to you if a person who's in the lead saidmore and rinse the house somewhere and does not register with you I'm just a late now I'm not lawful how do you even though they're here you see the neighbors neighbors we just run an operation over on in metal band or we had a sex offender that we actually one actually went back in when we got him we actually find out that he'd been living there for years and moving house to house around the subdivision finally a neighbor realized that where he that he was a registered sex offender called us and we spent three months investigation on it and eventually arrests and it's 33 felony and Galveston County DA's office is zero tolerance on it I tell people all the time this is not about who we know are living in big city we're trying I'm trying to find the ones that aren't registering with us because there's plenty of them out there and the city of Houston just to let you know are dropping this and the city of Dickinson are already putting there's together at the end of the day we may find yourselves to be in the only city in town in this whole area where they can gasps bikini well this isn't really to take care of sex offenders who come to link City and don't register because no I mean if you find them you could throw them and you know arrest them anyway yes sir this is to take care this is the deal with sex offenders that are abiding by the terms of their conviction and and so do they normally like they move in and then they come and register usually they contact you person so they'll contact you before you know what I would think is is if we take out 70 dash 53 and then we put in a provision that says the sex offender must notify the person that they're buying from or leasing from or subletting from that they are a sex offender and then you take care of the problem where somebody leases or rents or sales unknowingly to a sex offender because these you know you would have pre notified that person before they move there so again I think we really need to take out 7053 and then maybe put in a provision like that where they have to notify the person that or wherever the going to take up residence from that they're a sex offender and make it a wall that they have to do that before they actually sign a contract or or whatever that in you know whatever kind of agreement they're going to do well I would prefer that we not take out 7053 because it does say knowingly so I would rather leave that in and when Detective grant and I met on this and also when I met with our attorney mr. Polanco we discussed two thousand feet because we did want to have a very strong ordinance but we also discuss detective grant that and I did that we would go with a thousand feet if that's what council chose for us to go with and we would be happy with the ordinance with a thousand feet we would be happier with 2,000 feet and I would be willing to amend my motion to go from 2,000 feet to do a thousand feet and then if if that appeared to be a problem we could always come back at a later date for council and ask for the ordinance to be amended to 2000 feet okay so it's the motion the motion on the floor is yours so before I recognize anybody else on the cubes are you amending your motion now or you just want to hear some more feedback on Richard I'd like to hear all the feedback I certainly don't want to bring this ordinance up and not have it approved and if compromise and and working together is something that we have to do we will go with a thousand feet I'll amend my motion at a later time and then we can bring it back up if needed at a later time for two thousand but I would like to see 70-point 53 stay in the ordinance thank you very much councilman jim nelson i would like to thank Councilwoman Sanborn and officer grant for doing such diligent work also Arnold Polanco for helping them put this together the only problem I have with 753 is there's going to be a lot of people in the city that don't even know this sword is it exists they don't they don't know all these ordinances that we pass so that's the only problem I had was it that they may know that the person is a sex offender but they may not know about this ordinance so that's that's that's the only grief that I've got what the ordinance I think it's a good thing myself so I'll all support this Elspeth had nothing I'm not on the kid counseling vibe all I just wanted to give you some feedback I would be happy to support it as is the 2,000 tonight with the hope that we would get and notified if reasonable residential options at some point of future are not available with that distance in between oh in other words I'd rather go that direction of future than the other way but also just one other point you know I will support this the the the procedural first and final tonight but I don't suspect that it will pass if not maybe we can hash out the 7053 and the two weeks enter until the next meeting and look at that more closely but I just hope that that doesn't get in as this tonight Thank You Councilman Jim Nelson brought up an excellent point which I hadn't brought out if a person rants ourselves to a known sex offender but they don't know we have the ordinance that puts in the violation of the law on it is that clear home if you've Noah technically the ignorance of the ordinance is not a defense not have to have knowledge of the law to violated ignorance of laws one of the collective mental states is knowingly no intentionally what they would be doing is knowingly renting it's not knowing me knowing it's a violation right they literally they knowingly let that person into that house knowing it was a sex offender that would be what it was so again if they didn't know the law and they knew that person was sex offender they would be violating it this that simple okay the motion on the floor is by Phyllis Sanborn that currently stands at 2,000 feet and it's seconded by Councilman Jim Nelson now the first motion and I need to get Phyllis is to see if we want to pass this on first and final still so if you if you want to do that you'll have to make that motion get a second we'll have to have six out of seven affirmative to pass that it has success it's a for fiscal and and then if amendments being made it would be made after after that boat right well there doesn't there's not amendment on the floor unless you're going to amend it down two thousand i'm not going to mend it down to a thousand but i will amend it to remove the 70.5 three yep okay councilman okay Councilwoman the same where I think the question here mayor if I may sir is that would first we have to take a vote whether or not we're going to pass it on fine person final without even taking a boat so make that motion in this I'll make the motion pass on first time I'll make the motion again to approve on first and final ok fellas night emotions are passed on first title second from discussion ok cos good to say I don't look good for your bills second by telephone and now we have a on this just to maybe so we move this process alone Councilwoman Sanborn if we could maybe negotiate a little bit tonight and move forward with the two thousand foot but have a second reading because I think what people are concerned with up here is that if we pass it on the first and final reading tonight we cannot make changes so if we went ahead and put it on the agenda for next time go ahead and pass the motion tonight not on the first and final but have the second reading and make the changes that we want to before the next meeting I think people would feel much better with it that's my only point too we only have two mission two issues Councilwoman and that is obviously 753 and then the number of feats I think you've got a great piece of work here and I think everybody has committed you for that the first is by Councilwoman Phyllis Sanborn to pass on first and final the second on that is by Councilman combs there's no further debate on passing it on first and final always whether those so please vote for izz barber comes Jim Nelson tab Nelson and Phyllis Sanborn oppose counsel John Keaney Chris Andersen's of motion does not pass because it takes six of seven so now the motion on the floor Phyllis is very I would like to make motion to approve this ordinance with the two thousand foot stipulation headway in that count when I come sir she's already got a motion on the floor she opened with her motion and I didn't force the first time I'm sure we have seen that my fault I'm sorry the motion on the floor right now is filled with Stan borns so restate your motion for me now phil is pleased and the second is by Jim Nelson him the motion is to approve 11d as written and I'll second that okay now Phyllis you understand that that leaves in 7053 and 2,000 feet ok all right ok the motion on the floor is to pass 11 beam as is and that motion is still seconded by Councilman Jim Nelson and now this is over for debate councilman tad no I just want to say I'm going to support it a hundred percent I just hope that I was never called on this when the sand worn or mr. grant we're working on this and I just ask mr. Samuelson we're both lawyers a deal in this area we were never called on and I'm sure has some input if we worked out at the little harder we talked about it when we got our agendas which is fine we're still full I'm so personally for it I I want it to be as restrictive on sex offenders living in my city as it can be without costing the citizens any money bite of trying to defend it and that's all I'm asking so you know I'm going to vote yes but when it comes down and we have to spend a heart and fifty thousand dollars of our hard-earned money and we can't have a you know a webmaster or media technician to run this room because we had to defend something we were a little bit over aggressive on I'm going to be a little bit upset so I'm going to support it but uh I do hope y'all know what y'all are talking now council makini I just still have a concern that that we're making we can make essentially criminals out of people who knowingly know they're renting to or selling to a registered sex offender but are unfamiliar with the law are we going to put you know I know when I'm speeding because there are signs all over the place that tell me where I'm speeding I know where I'm supposed to stop there's a lot of laws that I know I know without a sign being up that it's against the law for me to go into a store and rob a store I know it's against the law to murder people you know you know that sort of thing do you think that people are going to know that if they've got a rental house and their nephew wants to move into it that they they're going to know in their nephews a sex offender that they're going to know that there it's against the law on that we're going to that essentially we make a criminal out of them I think it's it's why put the burden on the citizen why not put the burden on the registered sex offender that's all i have to say they're helpless and boy well i'm still new at this and I'm learning and I want to apologize to count someone else on Ted Nelson and Councilman Samuelsson and again it wasn't that I did not would not have valued their opinion it's just that I'm learning and i will take note of that and continue to become more resourceful and councilman councilwoman sanborn there's no need for apology you've done an excellent job up here it's a great a good ordinance the only thing I agree with the councilman keeney that 7053 does need to be worked out if you and Councilman maybe detective grant to get together and reword that a little bit before the second meeting I would approve of it on the second meeting because I to also believe that we do have a slight wording problem in that section in just because we passed the city ordinance tonight does not mean that we're going to be sued tomorrow we are suit because of the city ordinance we have an option either to do away with the ordnance drop it down to a thousand feet so it doesn't mean we're going to be spending a million dollars on it on a city ordinance if we pass it tonight captain Tim know hi I just have a problem 7053 also and there's going to be just so many people that are not familiar with this law that might rent the place or sell equates to a person that I just I just think we need to either rework it or take it out while the other otherwise I can support the 2,000 feet and I can support the rest of it we will work on that before the next meeting thank you motion on the floor is by Councilwoman Phyllis and one second by Councilman Jim Nelson no further today please vote for is counting barber combs Jim Nelson Ted Nelson chris henderson and Phillip M going to photos penalty gentil motion passes congratulations Phyllis welcome to league city council weeks DD cocktail please you know it is i funny comment you suspended way the move move something up you might want to just block out the side door but think anyway excellent job you persevered wonderfully and i think the city is better off for it okay we now move to item number seven which is the consent agenda item 7a 37 or in emotion merit is also removed for discussion p he like all right okay costantini wants to remove item number p rotting emotions really can someone give me a motion to approve the consent agenda I'll make the motion Thank You counsel Jim Nelson a motion to approve the consent agenda secular seconded by Councillor John Keaney and that is items k through all excluding key like Paul and three penguins issue hearing none please vote intima just barely two seconds and Robin would like to move em all okay so that would be now a through our excluding em and team mayor just for clarification I'm sorry are you pulling them for discussion or taking it off the agenda okay thank you I'm going to go ahead still for kicks call this a consent agenda we are now excluding the gamma and key are you fooling d completely are we moving it we're pulling d completely off the agenda tonight M is going to be discussed at a later date robbers excess later tonight and p we bring back up for council member kini is that just crystal clear okay we're voting on what's left to the consent agenda please vote those you now thank you we now move to item number 77 m consider take action the approval of ordinance number 2006 dash 7 8 amending ordinance number 2006 dash 15 approving the governmental and proprietary funds budget for fiscal year 2005-2006 second reading mayoral make a motion to approve for discussion councilmember comes as Nathan motion to approve our little session seconded by councilmember Jim Nelson and is now open for discussion Robert where the change we would like to make is the recently start wata has made a donation to the sportsplex fund amount of three thousand dollars which we have received and staff is requesting like that three thousand dollars be appropriated in the support place from fifteen hundred dollars in professional fees and fifteen hundred dollars in janitorial supplies so we would like to add that amendment okay besides over for discussion Tommy you good with their Merrill what's going to go ahead and prove the city ordinance with the amendment as stated Thank You Justin Nelson also going to take your second okay very good for the prevailing this issue please vote for is unanimous motion passes for there now on 7p consider take action on the approval of the engagement letter regarding audit services for the city of leeds city for the year ending September 30th 2006 through null larrison Americans I'm on that board I'd like to ask approval for that councilmember Jim Nelson's made motion to approve second seconded by Councilwoman illness sanborn is now open for debate there councilmember keen if council member Jim Nelson would like to go first that's fine since he most Thank You mr. Keith bucket over for afterwards absolutely mayor no Larson has done a really fine job the last few years taking care of our finances they've given us some direction on helping us improve how we do various things within our finance department and I I'd like to ask Council to approve keeping them on for at least the Smith next year I'd like to actually see it approved for two years but if we can only go for a year that'd be fine Thank You councilmember kini well at a council meeting back in 2005 we approved a one-year extension to the existing contract and I believe that the question that we brought up then was why are we why are we not going out for requests art queues for this you know the reason that we didn't pull it back then I mean approve it for longer was it was the direction of counsel at that time to go out for bids now it's august eight their contract in September 30th 2006 is there any way that this city could prepare request for qualifications and then go out and negotiate a contract they'd be pretty tough in 60 days or less than 60 days and I'm just wondering when when are we going to stop having things brought to us in a time frame where there is no other choice right now there is no other choice we could not go and find a replacement because we don't have the time this happens to the garbage contracts it happens to our insurance contracts and and I we're just not doing business right when are we going to learn you know I've been up here for two and a half years and we're still being brought approve this contract guess what if you don't we don't have time to do anything else about it and it's not good business we do have time how much time does it take 30 days to get the Rosalind to the auditors that would be interested 30 days to evaluate award the contract in and so we could award after September 30th because if we if we did it that timber 30th did not department there's not a cent into 30 because they can start their business and make sure the reports are done by the the right time at next year what do they do for us like from now till when do they start work what are they working for us now and no but if they were approved tonight they've requested to not forget the date they're here to see me they would like to come in and have like a week for the time staff to the in preliminary work so the advantage of knowing your auditor now they can get started and be completed sooner but if we don't choose them tonight go out with all of these then the final product will be delayed but that doesn't that just means knock down soon yes nothing wrong so this is not good or else I'd like to really you know all the changes in front of support this is not to make the way well you know and I agree mr. powers that it's probably a good idea to go ahead and keep them for this next year because of the changes in the finance department I guess my question was is how come back in June people say a june period like last time it was June twenty-eighth 2005 and I mean once all aware that council at that time would have liked to have gone out for RF use absolutely have we had seen but I'll just take the blame we had some scheduling difficulties with getting the report on your agenda both the kafir the BLD audit and single audit if you recall there was a meeting for that was on and off so that just kind of consumed my scheduling thinking and when those were done then we had to make a decision about that I'll take the blame for that but we had difficulty getting on your calendar to present the audit back a ok well I'm you know I'm going to support this tonight because we do you know turnover and financial I guess we've got a new finance director coming on I have anything of fish hopefully yeah and so I think it's a good thing I just would like you know these contracts that are coming up because I know we've got health contracts and garbage contracts and things that are ending and you know we as a council need to get these pretty far in advance so that we can you know meal and make sure we're getting the best services for the citizens thank you Mary Thank You councilman my bar Thank You mayor I appreciate councilman kinis comments especially as it relates to bidding and things like that you know when winter outfits for concrete and garbage services you know whoever we get the cheapest usually it's best however in this case I'm trying to remember back this and I need some help by somebody in the front row jun 28th was my first council meeting as an elected official and i believe we were told by an informed person that the audit services tend to you're better off by having several years at a time and then going out for rebid and i think it was recommended heavily to us to go past this date beyond this by another year at least two and we failed to do that was really i'd look at it as our failure at that time I really wanted it at the time and unfortunately the whole notion of bidding we kind of ignored expert advice so and it's not too it's not really to tell you you're wrong because you're absolutely right about all the dating process but this is a specialized case and perhaps we need to follow that advice on the Wolverine into problems like this so thank you thank you and we also have Jim we you are the only one on the all you have Ellen councilperson currently on the hardware yes i believe mr. Sanborn has a volunteer here I we actually need another council member on the committee and that's what I was going to say council council I sent out an email we've got to have three people on the Audit Committee three counts of people and the only positive response i got that this Councilwoman Sanborn Chuck I'm before I call for this vote I'm going to ask you to speak to counsel on the things that you have discussed in past year about you your view on audit committees I want them to hear that from you before you I just want thing to get out from you yeah okay so before that council makini 70 they want well I may want to wait until after mr. Pinto speaks anyway we're not I mean this is you don't go out for bids for this anyway you go out for qualifications it's the same thing we do with the city attorney and that we're not we're not going out for bids and taking lowest lowest value what we do as we go out and we go out request for qualifications and then what we do is we evaluate these responses based upon services provided we compare services we compare experiences experience that the company said this is not a company that we've just hired recently and and we are thinking in 2005 that we want to take you know just short-term them and just have somebody for a short period of time this is somebody that has been in the city for seven years and and i'm not going to this is a very good firm i haven't I'm not saying that I have anything against the services that have been provided by this problem but what happens is is typically I think that if you keep an audit on too long that that you lose and the edge an edge of looking at detail and i'm and and i'm not sure what kind of plan that the firm has to ensure that we keep that edge that you know that where we are looking for things that are different and looking at the same things that we've looked at for the for the last seven years and maybe looking at them in a different way I don't know if they have a plan to do that but it's not something that we're going out for bids or with that the counseling in June of 28 2005 was intending to go out to the lowest bid what they were doing was saying let's look and see what services and experiences experience farms have that would be willing to work for the city and it may very well that we went back with the same company okay Chuck would you please would you please explain to the council from your experience of things that you've sold me about audit committees specifically so that when they hear it for me have a reference to what you said if they hear from me appreciate we say Robert taking the blame that we've been going down the road now somebody's good you thankful we make progress but now that he's taking the boot on what really happened with us too if you'll remember we tried to schedule workshops with City Council and the workshops that we tried to schedule is to have the auditors the bond finance people and Robert myself here so we could go through an audit audit process finances where we stand how do we go in the future with our bonds that was one of the first reasons why we had some delay in bringing new officers or the existing was to you because we really tried that we tried it for about two or three months we had that on the agenda also they were fully engaged in the BLD on it we we talked about on the staff level was actually a decision do you bring them in the middle while they're in the middle of the BLD finish up the other and trying to do a workshop so all that really came together and that's why they're here now we even talked about it we know there's still plenty of time if you want to change alters now the other issue we got into we had civil town periodic committee couldn't meet because you lacked quorum especially at a time when we were getting ready to go out for bank bids and they couldn't even get together to discuss bank bits because of a lack of a quorum for the Audit Committee and because we had a changeover we don't have enough councilman sitting on it to have an audit committee meeting now a lot of places I've been a council first let's talk about what an artery is an archer is and does and has to work straight for the City Council because it's your responsibility to make sure that the money in the city has taken care of and you hire them to look at review and investigate how your money is handled and us who handle your money to make sure it's invested in all those things properly and even though they give managers reports and they look at the weaknesses of the city they they're looking at us so they work straight for you and they're responsible to you and in a lot of places there's really no reason especially when you're working as smooth as you're working now in the finance area not too when you can have trouble getting these corns to go ahead and beat your own audit committee let them do their things respond to your import to you talk to you the the things you're going to see anyway like investments reports are going to have to come to you anyway be approved ever so often that's by law and it might not work for the next year or two for you all to really be the Audit Committee have some of those meetings have some of those workshops and understand where the money is going on what's happening and what I call the cheer the balance of the city and there's nothing wrong with doing that plus when you take an audit committee of two councilmen you're leaving out five others and so sometimes in this kind of case I think it's a good thing and they won't take a lot of time but one workshop out of the year to go through this probably wouldn't hurt at all turn during these types of transitional times and you're getting ready to issue a lot of bonds in the next couple of years with the two sewer plants and it'd be a good time to get to know the finances so that my thought is let the council for a while act is the automatic thank you demotion on the floors by Councilman Jim Nelson is seconded by councilmember Phyllis Sanborn is to approve with no further discussion on this issue please vote for is unanimous merchant activity to now move on to item number eight reports from staff members whole business done item 10 a new business the cinematheque nationally approval of the meeting location for special joint meeting the third Creek Independent School District Board of Directors where a move to approve the meeting location for the joint meeting at Clear Creek High School number four I think it is customer comes is made a motion to approve also you councilman jim nelson second that motion any debate hearing none please vote for unanimous motion passes consider for a ten be considered take action on the award of bid for the countryside park trail renovation project since I can only award a bid for the countryside park fart trail renovation project mara moved to approve for discussion council member kulmann a motion to approve for discussion there i'm going to call circuit without discussion he is second to that motion is now over for debate where yes our account number cos i would like maybe hear from the first department in reference to this trail of the project give us a little bit of overview only this is a CIP project how I was already approved by City Council these are trails out of countryside park on the back side of the park trails are about 3,000 in length and six foot wide the material this trail was originally made by recycled asphalt and with the high rise in being in the flood area there's some deterioration of trail which is looking at renovating trail again this has been approved CIP but what year was it appeared for was coming here it was approved in last year's fiscal year stab at that time another staff member in city at that time was in progress of looking for a grant for this particular project where we would not have to use these particular Tron's but that grant fell through so therefore it was a carryover and we're now looking at process the scene with the project this year thank you councilman barber so I think I just heard you say that I want really clarify because in the memo that we have attached talks about this type of surface is less suitable for high water events but is there deterioration you say that there's deterioration already and is it hazardous or and safe Lenny had the pressure bachan and anthonys several times a year ending on the weather and the recycled asphalt when we get high water it leaves like silt all on top of the recycled asphalt you came and walk across it until it dries so it's really a maintenance nightmare the recycled asphalt and our existing trail that connects to rustic oaks park is already concrete so we wanted to upgrade the current trail system to match what we have and eventually we want to tie it all the way to a Magnolia Creek but mainly maintenance headache and we're looking at possibly rerouting it to get it out of some of the low-lying areas so we won't have as much problems in the future with a this silt and high water damage thank you and just from a budget standpoint shows that it's not not budgeted but it's from this account what county is that it's the 75 41 week 175 175 is the general fund capital improvement projects and the the hunterdon 120 something thousand is budgeted the additional 8,000 is being requested to transfer from another account to make up the difference in the bid Thank You councilman Samuelson mr. Preston said that this is going to change them from from the recycled asphalt to concrete similar to what we've got over and rush to go to get a little be equipped life and are these funds going to be used to tie those two Charles systems together this will type episide trail system it already the rustic oaks have some time to countryside now is highly receptive as well we have we currently I think we have a half supplemental for the other pieces someplace but that's down the road Thank okay the motion on the floor is by Councilman combs to approve cited by Councilman kini is there any further debate on this issue mayor just want to make a stipulation to my motion that that will be for teamwork lowest bidder my computer just went off teamwork construction I guess it was great teamwork construction which is that the lowest bidder I'm sorry and or the lows yes it is soaked okay okay all right and complicating you hold your second yes yes sir okay very good hearing no further debate on this issue please vote for is unanimous motion passes item 10c consider take action on agreement to base a portion of the countryside elevated water storage facility to tmobile texas LP for the purpose of erecting a nintendo structure and allocate the proceeds of this least of the utility Enterprise Fund Sulu Council Jim Nelson's made a motion to approve second Councilwoman Phyllis Sanborn a second of that motion is now open for debate hearing none please vote mr. mayor if I may make one comment as stated in the agenda item it is contingent upon approval with the through the appropriate zoning ordinance which tmobile is aware of and has agreed that they will be running through the process they merely didn't want to spend their wheels without having the least business points proven thank you this is it subject to this well the motion on the floor is for approval that we've already clarified this if it says that recommends approval with contingencies and those could list the person making the motion excludes those agencies that are in the record so yes sir council nelson very good motion for is unanimous motion passes item deed received a certified tax roll certified estimate of collection rate certified excess debt collection and effective tax rate and roll back rate calculations from the city tax assessor so councilman jim Nelson's made a motion to approve second Councilwoman Sanborn a second at that motion is now over for debate hearing none please vote motion for gene animus motion passes item number 10 e consider take action to propose a tax rate for the city of League City Meredith would like to propose a 660 2.75 which is the current tax rate Councilman Jim Nelson a second to approve the current tax rate at Point 6275 and seconded by Councillor Mike Barbour this item is open for just two to bay but before we do that let me explain to the council and the viewers that we have another folks I think Chuck's head to the 11th if we work for to go right down to the wire to approve it we're in workshops now the rate that we set tonight is a published rate that we have to start advertising 6275 is our current tax rate that is the highest that we would be able to go after we read it in the record tonight we can still go lower if that's what we if that's what the council so chooses but this would be the ceiling and that is the motion that counseling Jim Nelson has made instinctive a councilman Mike barber is there any further debate on this issue hearing none please vote for izz councilman barber columns Jim Nelson Ted Nelson Chris Anderson and Phyllis Sanborn foes Councilman John kini motion passes item number 10 f consider taking action on the approval of dates the whole public hearings on the proposed tax rate status of their condition some apparent by the August twenty-fourth 2006 in August twenty-ninth 2006 councilman kini has made the motion for August twenty-fourth 2006 in August twenty-ninth 2006 seconded by council when Jim Nelson sightings open for debate hearing none please vote for izz animus motion passes item number 10 item number 11 11 a consider take action on an ordinance amending section 18 gauge 10 of chapter 18 of the city of League City Code of Ordinances entitled disposition of impounded animals so rumor council makini has made a motion to work in the councilman ed Nelson's made a motion to second is now over for debate council makini just real quickly for the citizens benefits this is a ordinates that allows the city of League City to charge an adoption fee that would cover some of the expenses that we have with running the animal control facility in the adoption facility is that correct train okay I think it's a good time we started doing that hope it doesn't I think anybody that would like to adopt an animal would probably also be willing and that's going to keep take care of it is probably willing to spend a small amount what would amount of what are we going to charge we have found a veterinary and it will come into our facility study new year the in our facility that were all free bird option for $65 that includes sterilization and the rabies vaccination they supply all of the suture materials off against Eva we don't have to keep control drones on hand by their own autoplay the equipment that servation and and that reimburses event nearing for their service healthy animals and heat or pregnant there's an additional five dollar charge and that's pretty comparable to what like the other facilities would like to one-up on almeda road and Billy he means sign charges a fifty-dollar p it is providing the animals not in heat pregnant or over 75 pounds if they're in heat is twenty dollars additional if they're pregnant depending on how far along in your pregnancy it starts out at 25 and goes up if there are over 75 pounds then it's an additional twenty dollars and this is just a plant rate this matter how big or how small the em with its $65 unless they're heat or pregnant needs additional five dollars right and right now what happens is as we just kind of if someone wants to adopt we just kind of get them to say or sign something that says they're going to get them neutered or spayed but you know it's really hard to bottle up on that so that's why we take care of it before the adoption even occurred there's a contract that we're required to provide for the owner for sterilization assign an agreement to have the animal sterilized and vaccinated by a certain day it provides back to proof and we've been doing that the last ten years that I've been employed with the city the problem with that is the enforcement in as your where we've had some people that not only have not complied that it failed to she'll report for those offenses and of course they tack on a fair to appear we eventually had people go to jail over this and is not our intent when they're coming to the top Thank You councilman Ron Samuelson if these animals are not adopted are they destroyed well yes sir what's the cost to destroy it in it varies on size because the euthanasia solution is based on weight but the average and it's going to run you veterinarians will charge you 40 dollars bare minimum to euthanize them and if it's a larger animal costs more with it and then do we have to pay additional fees for them to dispose of the carpets no sir we actually are required by law to be certified to euthanize an air filter so be myself and all the employees at our department are certified you tonight we do that ourselves but we still have to purchase the euthanasia solution needles syringes of course there's a safety issue and whenever we're going an aggressive animals and truthfully it's emotionally strength on your employees this amendment requires that these fees be imposed on people who want to adopt an animal it requires that their reimbursements for services that we have already provided for these animals and walking out of the door already sterilizing back see if they have already complied with the state's minimum requirements for docking the animal third facility such as ours but there is an additional we haven't mention that but there is an additional ten dollar so she I was asked how much it would cost I said 60 to 65 70 dollars what I didn't tell you there's an additional ten dollars five dollars for a microchip and five dollars for the registration of that microchip ok but so fine understand you correctly if I wanted to go into your shelter and adopt an animal i couldn't do so without paying these fees all right under any circumstances the only exception of that would be inhalable that is too young for sterilization and if they're not at least two pounds in a way we can't sterilize their we won't sterilize because of health considerations in that case we would do a contract and they would agree just as we've been doing all along you have the animal sterilizing brings back to proof of them then he's going to cost them you know at the demesne society just for rabies just for the sterilization dollars councilman Carl sir I think you just answered my question thank you city ordinance states $75 is the it says an adoption fee of no less than $75 so that's the very minimum that we're going to charge somebody and then you may have other charges for vaccination microchip and so forth yes sir right $75 providing animals not in pewter pregnant that $75 recover the sterilization of the animal vaccination of rabies the microchipping and registration of a microchip okay but it says an induction for you have no less than $75 is there a maximum charge no sir the reason i stated it that way is because as you know costs go up and five years ago Eden lost fifty dollars to sterilize your animal through humane society but because of rising cost of living you know the price of sterilization has gone up so I'm saying at this point no less than 70 fine because that's what it would cost to do these services but in the future as the cost of the chip would cost of the sterilization would go up we may have to admit our adoption fee okay but there's no maximum maximum ceiling price right now meep it cost you four hundred dollars to walk out of the army and therapist other problems correct yes sir our the veneering that we have utilized as not charge any more than seven dollars to sterilize any okay thank you sir council person Sanborn Sarah I just have a couple questions the only animals that are going to be sterilized are those that are being adopted correct you're so if i came in and saturday or sunday and picked out an animal you would say you need you can pick the animal up on wednesday or thursday something like that right and it works right now and we have a veterinarian it will come Friday's so the animal would go home on Tuesdays which we're closed on sunday and mondays to the public so the sterilization is done on many they come in on first day of business which is tuesday and pick me and one such as already done the same thing with the friday surgeries be a doctor we come in and do the surgery on friday the owner cook or the new owner would come in on saturday let me mention to you that we don't ask for any money prior to that animal completing the sterilization in the ratings because as long as it's our animal if there are complications in the surgery there can be and we don't want an owner come back saying you killed my admin so until that sterilization is done it is not their animal is still property and city weekly okay but there will be no animal sterilized unless they're going to be adopted correct rate we won't be paying for that correct and there will be no vouchers with this particular with this particular veterinarian to where you take the animal you get a voucher you take your dog to that particular advanced clinic and get sterilized no ma'am this is a veterinarian as will incoming this car facilities and do it at our facilities I'm taking three shelter dogs and I've gotten vouchers on two of them but you know this is this is a good idea to a quick question on microchips do we offer that service to the public we don't I would like to but don't I don't know if y'all are familiar with microchip that misses the microchip and this is how do you insert it it's all packaged it's just a scruffy neck and stick the needle in and the microchip is no bigger than a piece of rice and you run a scanner / pops up remember we call the company and we have the owner well I would certainly love for maybe once or twice a year for us to bring attention to our great animal show for that we have in league city maybe to be able to offer that if it's something that you would think about I like any council through but the microchip in any animal that comes into our facility that means it's been out running in our neighborhood and my job is to identify other he'll make them responsible for their animal well okay we can't then on the next Thank Luckett in love with you everywhere you go don't go to my car Thank You counsel involved just a quick question yeah bring us some good points and I think there's good information that a lot of people in the city would love to hear since I don't have cable and I never really get to watch channel 16 and I don't have any idea what the content isn't it would be possible if we could run some occasional spots for giving them a chance to inform the public of such thing you vacuum all dog right okay thank you that's a great idea hi councilman Sanders do we presently do you accept any funds from people who want to these expenses back when they adopt an animal we will never turn down the donation so if someone wants to come and adopt an animal now they can do so and you can tell them we spent sixty five dollars on this animal if you'd like to make a donation and they can do that presently it is how we've been working with simply ask the public to reimburse for services that we have already rendered because I have not gotten permission from councils who charged option p do you know what percentage of people actually make a donation to help offset the cost we haven't had anybody tonight we've had no one say I'm not going to reimburse you so every single person who comes in an adoption animal has made some type of financial contribution yes sir what we'd used to reimburse the veterinary okay do you expect that if we enact this ordinance that requires not less than $75 to adopt an animal that that's going to reduce the number of people who actually come in and adopt an animal to be honest it may buy a short by small percentage that on the other hand the small percentage that would not want to pay would also be the same percentage that probably would not do it if we put the end well just a contract and no money that's changed now we've got to go through the process of writing citation put injury for system and there's additional costs later thanked us assemble if I could maybe clarify something I think what you're asking is if a citizen wanted to donate money to specifically go to the adoption would we make that available so what you're asking where people donate to the shelter now that it goes through various activities not necessarily towards the adoption but are you asking could we set aside these funds specifically for those who want to adopt and maybe don't have the money if I take my little boys to the shelter and they want to adopt a puppy and right now we're not making me pay any money to take that puppy but I say well you've spent sixty dollars on on this animal and I'd like to make a donation or you telling me that money does not go to the shelter oh no it does it does go to the shelter if you come in and you electro dr. dan from us and we're already having and sterilizing back to me the photos out the door and we're simply going to reimburse will pay the vet Miriam our donation funds that's how we've been working so far and then we're simply going to put that money back into our donations okay that sounds like I'm hearing two different things since I just want to be clear you're saying if I make that donation when I adopt a puppy that you're getting the money and it's going right back to reimburse funds that you spent on the animal but it sounds like she free to say no that's not I'm agreeing with her but I'm asking was your question if a citizen wanted to donate money specifically go towards the donation of animals are the adoption of animals I was asking if that was what you were asking that's what happens right now make the government let me clarify we have had some people come in and want to sponsor an animal they don't want to dot the animal themselves but they want to ensure that if somebody wants to come in and dock the animal that it will be sterilized and vaccinated and they will sponsor that animal that money goes into a donations fun and when that animal comes up for adoption we simply have a sterilizer vaccinated and takes an animal home his sponsor okay hypothetically speaking I bring my little boys in and we want to get this puppy and I have forty-eight dollars about saved but I don't have 75 right now if we enact this ordinance I'm turned away and I can't adopt the animal because i don't have $75 yeah yes sir never basically be it that I'm going to kitty you that an animal is responsibility that costs money I couldn't agree more i have several $75 is a very minimal fee for what we're providing if they cannot afford the $75 turn them away we're still be going to do in various games and look at your situation and perhaps the magazine or I'm better than that theme knows that $75 is the same regardless of whether it's a kitten or a Labrador correct okay thank you emotional rhetoric Backhouse maintaining to approve second by Councilman Jim Nelson there's no further debating this issue please vote for where it is councilman barber comes King Jim mouse and Ted Nelson for the sample and oppose customer perception motion passes before joint executive session we have a supplemental that I skipped over 10 g consider take action on approval the funds to utilize the same program caption file a motion to produce a second 5000m else inside his mouth today nine passes and bottom 73 carbon on 13 council member tom s health looking sorry going at the executive session mr. piperidine you know this this public transit test form of transportation is having a public hearing on the widening of 646 from 545 to highway 1 36 and it's going to be in digits that has school and I'm not sure it done more of elementary junior you know what are the dangers between 24 and 25th I really thought that since this has that information there and i know i just want to make sure you get set up a rather fish it up and know there are many comments i have is unpacked I'm struggling with our our staffing as far as I to see mr. Pinto we paid see mr. pike believe mr. Piper was probably a better situation because he's leaving first and then we go until chaplains and then we combine everything on shut all that who I'm christening more but you know I'm really struggling on and i'm not sure where we're going with the city I don't see plans for Baltimore Museum I see us discussing proving salaries but no but but maybe not approving salaries but we don't have a plan for we have a building out there are we going to put money into it or not we're going to happen it's a city building so no matter what goes on out there we're still going to have to maintain it still needs a new roof still needs some work on the outside we're losing our city administrator for losing our city deputy City Administrator we're considering moving employees around i also see that other city employees that may be leaving and what's kind of interesting is in we in its own give very much credence to warmers now I did hear some time back that Chuck may be leaving because it was lonely through I heard officially chuckles leader I hope this may be leaving along with dwarf this we would Chris was leaving and I'm just trying to figure out what is the plan for the city what are we doing as a council to make sure that we have a plan for this city it's going to be very disruptive that we're losing so many important people I do it father the mayor on sounds like we're going to be getting a new director Public Works have an early thing official are probably hired a director of finance and that was confirmed earlier i guess but i don't hear it ever from from the mayor and i think we need to be better informed as a council what's going on and when i read in the newspaper that you know certain people are informed and other people are not informed it could I'm counselor disturbs me because we're all elected on citizens uphill council or always possible to those same citizens they're asking me questions that I'm having to say I don't know what's going on because I'm not being told and I think we need to get through our goals workshop I don't know if when we're going to be able to do that but I hope those are some of the things that we can come to an agreement on in that workshop thank you Mary Thank You counsel example to follow up on the meeting that council McKinney was talking about the texas department of transportation is who's holding this meeting I was wrong on the day those are too many workshops we have but it says they will be home to discuss the proposal to expand FM 646 from a two hundred way to inform my way with a raised medium and designated turning base the project length is approximately six point nine miles and it's going to be a young lord middle school wilkinson that's on twenty-third Street and it's thirsty September the seventh from six to eight and then they're there early to take any questions they say I just want to say how much I appreciate our city employees and that's all employees in in the department have found from living here for 24 years that I've always had outstanding service with any department in a utility that I've ever dealt with and makes any and then being on the council I truly see their dedication their commitment and the love for the sea and the work they do and I just can't thank you enough for those that do work city for what you do we do sincerely appreciate it and we want you to know that last thing is school starts day after tomorrow that's thursday when a reminder the value to please leave early and watch for the speed limit particularly school zones and we hope everybody is ready to go back to school I know some of the parents are that I hope the children are we look for the senior Thursday thank you I think I'll comparison Thank You mr. mayor yes as mr. Keeney say the lots of changes going on in the city by no doubt or by no means are we going down in flames we have a lot of change going on lots of exciting things going on on the southwest side all the changes that are being made i blogged America being one step up to the plate and and take on the challenge when we have so many changes going on and it is our city staff that holds things together when we do have channel to announce I agree with Miss Sanborn on that although we haven't gotten together on our goal setting the workshop I overall talking to ourselves about what we want to do with things like the museum what we want to do with some of the issues that are going on with with city staff but things are are looking forward I'm very very excited with low around right now we've been having some great meetings budget meetings and things like I'm very encouraged to see us working together on some items so thank you thank you calvin nelson no comment there back in Jim Nelson I like to think nice to see the places aren't there so our staff thank you very much for being here appreciate your hard work I have one piece of information about the Bible and pass along actually this reduces the leading book club would be at the library on Monday August fourteenth at seven p.m. to discuss lab lasting valor by Vernon Baker the nonfiction book club will meet at the library on Saturday August 19 23 p.m. to discuss myths lies and downright stupidity by john stossel I read that book by the last photo book and finally the new history Club will hold an organizational meeting after library on a Tuesday Congress 27-7 22nd at seven pm everyone is invited to attend any or the events and please use our library is great Thank You captain back wall thickness Mac yeah I wasn't actually going to have any colors for tonight so but I taking picture at this I'll try to keep it brief then combines attention to some specific things that were brought up earlier not the person who said them because I think that this point is irrelevant but the statement that all they're blowing can go to one person until they later than the next one and a recess is is this his the city has had a long history of an assignment of Brian the often we do elected officials do it to other elected officials because it basically remains of the strangers the bars whatever that happens in mass politics and it's not necessarily dipping but I challenged everybody in this room right now about this any time we put an assignment of blame on the in abundance staff in these chambers we should think better of it when we have positions that don't get feel for a long time there are a lot of reasons probably the number one thing is where we are sea of instability of times and we'll be off our staff that unit I'm just going to call for a truce that I can behave I don't think that that was time but what happens here eventually increase our awareness today if you have some issues let's go through the right channels in the right way and chances are that the food without any with so that's always saying that I promised I'd keep it i would like to remind everyone that the least city proud committee which is the committee that serves for the holiday in the park festival or they put on holiday in the park festival in the first weekend of december we are meeting at this time we are asking for donations and volunteers so i welcome you to work on the website holidaying in the park org if you would like to volunteer and move forward the parade is coming again we hope this year that we will have a city ordinance in place that we will show candy I want to make that statement your honor this year looking forward to the holidays and so forth on a better note again I appreciate mr. Barbara's comments and also mr. nel tired mr. kinis comments in regards so a lot of things there is a communication problem up there and that is both ways so I would like to see if the communication kept at it from the mayor to the council council to the mayor and maybe that might strengthen so many problems up there we yeah but with that thank you for coming in thank you like to trade item number 39 14 there's comments in the court first of all gone I would like to ask you to take some seconds possibility of getting with Sarah for the channel 16 issue homely pet adoption and to schedule through her and go to a secretary and you'll make sure that we get something very representative for the pound also since we got so much interest down if you also go ahead and run the meeting place and time when 646 as a slide and channel 16 if you could get better tomorrow think that obviously be helpful I've got a long history with Chris factor I'm extremely upset that Chris's earlier but I've known for a year and a half that he was talking to these folks as I you know a time and good personnel I can never do anything wish people good work when they have an opportunity to better themselves and now I will never change them now equally upset that chef Enzo is is going back to his hometown the Seabrooke just a clear up a few things I have service before I want you to hear it from me I wish Chuck control over the best part lands that I would point that pencil when I was erected and I did just that having had the opportunity to open that individual for the past 10 or 11 months has made me a much better person and a much better mayor and I'm extremely grateful and thankful for the time he has spent mentoring and Heath you will be allowed to that end I start an email the very night that shot taken the list there were some issues there were some confidentiality issues I sent the email within 15 minutes of getting off the phone with the Houston Chronicle I copied 86 business community leaders aside from my counsel or get your counsel and then I'll take up the phone and Carl many of the council admittedly I did not tell them off and I called autumn about every other day only can I do this without crossing the line of the Open Meetings Act ironically well let's just say I caught up to a bunch of the council i am going to fail that things are rosy in Lake City it just never rains on us i'm here to tell you that we run into an executive session and as as as upsetting as it is to lose talent like without losing it is more upsetting to see people waiting in the rain given the opportunity and I'm extremely excited about the executive session in the path that link city is going to take because with this council and this staff which I rate I've accolades that we can't do anything the kiss continued to shoot for the stars we've got a wonderful staff and with the continued support of me in this council we're only going to get better we have in fact made an offer to the finance director we haven't activated an offer to the public works director and we've done a lot of work with the budget and showing them that this is a good sound physically fun fun fun place to work and that's just not going to change with that that concludes the marinara's Ivan's 15 items after that had electronic agenda none executive session 16 the city of leeds city the city council will now executive session pursuant to search after diavel meetings I have suction power 51 at our government code on this eighth day of august two thousand six at 754 for yet another sistahs openings as disturbance an agreement or payment of a mobile to work and on city administration 5107 for government go to the state's this chapter does not require government vice meeting we willing to deliberate the employment employment evaluation reassignment duties discipline or dismissal of a public officer or employee or number two your complaint or charge against an officer awards you {00:00:20}	{00:00:12} thank you okay super hot good evening we will this is City League City regular meeting August 8 2006 at 6pm five number one call roll Gary Schultz here and Nelson we spread these in the back is in the back by Barbara there for Tommy Cole here Chris Santos on the president to a Sanborn here John Keith we will now move to item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag the invocation tonight by pastor Jeff work out from bridgeway fellowship and this would be a good time to put all cell phones on vibrate let's pray together by the weakest thank you for this opportunity to come and to do this important business for the city I pray for the decisions that will be made tonight I pray for the discussion it would be honoring father and that Lord God you'd be honored in the decisions that pray for wisdom for the leaders as you ask us to pray for our leaders and so we do pray for wisdom for them that you'll help them to make good wise sound decisions we ask this in Jesus name Amen the United States Army to the Republic for which it stands one nation under God indivisible with liberty and justice for all on the next slide I allegedly the diocese one universal alright we will now move to item number 3 g's approval of minutes we have you I the seventh workshop July this hint workshop july the eleventh special meeting july the eleventh regular meeting and july the 12 specialty there any changes to these minutes hearing none there so approve item number four presentations of a proclamation designating august eight 8 2006 s harbor swim tithed a councilman's Mayor Pro Tem Tommy cones all right I have four of these are the recipients here just lure man yes y'all want y'all come on up here sir well y'all just come around here and you just turn around and stand and face the camera and everybody be able to look at you when I read over here guns let's go up here yeah come on all right let's see me names we have you three kids under full proclamation to presentation all right are you want here we go whereas the harbor tide 200-yard freestyle relay swim team consisting of swimming Alex petty Cameron Goodall David creche and Ashton Duke as the anchor set a new record of two minutes 18 seconds point 56 on Sunday july second 2006 at the clear creek swim league championship meet their way here from philly will occur at the clear creek swim league championship meet in baytown beating the record of 221 point 21 set by an opposing team a week earlier if the boat is time through 10 year old division the brass the boilers are part of a new swim team led by william Alton the clear creek high school coach whereas as a new team member they are hoping for 20 hit 20 to 50 swimmers and in the end had 210 swimmers mainly from the south shore area whereas the boys have shown great teamwork and have encouraged one another not only in relay events but in individual events as well whereas many of the children rode their bikes to the harbor park pool for practices and a number of high school swimmers volunteered their time every day after school in May and every morning in the jun now therefore i gerald by virtue of the authority vested in me as the seventh mayor of the city of Lisa T do hereby proclaim August the 8 2006 as Harbert I swim team day in witness whereof he runs who sent my hand and calls the Great Seal of the City of Lake City to be affixed on this eighth day of august two thousand six and they look like the wrong saying if you find that's not the case we also put that back yes we got one from coach mayor okay very good coaching no can I want to get some pictures I alright congratulations on me and the coach and everybody else that participated in that you cannot spend too much time with the youth of this community drive back that a hundred percent we now move to item number five public hearing and action items from public hearing there are none item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in a property or a business located within the city or their attorneys a statement of no more than three minutes may be made and items of general relevance there will be no yielding assigned to another program state law prohibits the air and members of City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult the views malign or slander any individual shall call shall be cause for termination of time privileges and expulsion from council chambers ed farmer Thank You America city council my name said farmer along with Scott children from big leader in sports park here in League City on behalf of big league dreams I'd like to announce a couple management changes that are happening here at big league dreams I will be leaving September first and opening a new park our newest venture in manteca California and Scott Sheldon longtime resident many of you know will be taking over as a general manager of the big league dreams here in league city it's been a pleasure working with everybody here we appreciate your support I promised Barbra I would keep this very short so I will again thank you very much just to let you know big league greens is doing extremely well we're very well ahead of the expectations that we set out for us today so far again thank you for all of your help and I ask for your continuing support of scotch Sheldon thank you thank you Tim talus good evening mayor and city council Kim tells 41 year resident of League City I went door-to-door and by you Bray about the no parking problem and body brain the signs are put up everything went door to go around three times well this law is not being enforced whatsoever myself and other people have to call the police this law should be automatically enforced and when I went door-to-door the two complaints I've got from citizens in that neighborhood for two things the businesses and number one the students we have six businesses in that neighborhood you can get anything almost you want you want bird seed we got that you want safari animal clinic in their medications whatever we got that you want ice cream there's about six ice cream trucks park in that neighborhood oh and then we got rent a room right down the street from me in which they've recently ran over my yard and Criminal Investigation Division of Lake City police did nothing and if you want to find who's got your signs I think they got them who stole the size own would win way and then on Biola we have illegal drugs per second it goes on and on and on but you know it's all good according to the building department and the league city police because they've got better things to do because on july twenty ninth once again I was harassed by Lake City police over there on 270 at 518 lick see please do in a circle with their lights on once again don't we have something else better to do here in league city beside her ass a person who has systemic lupus and melanoma I got five doctors they'll back me up in court that I ain't on no illegal drugs what is mr. CID half nothing well I tell you what I've retained an attorney and this city's getting ready to go down you want a plane you're going to pay I got two sisters have been sexually harassed by this city so I don't know I don't know where it's going to end but I do know this somebody's going to pay so you guys just keep harassing me and if it ain't the police harass me I love it it's the EMS they're turning on their sirens horns and stuff and harassing me what's with this I just don't get it I just do not get it Thank You the next certificate blank a blank three okay okay thank you sir all right how are we now move no Phyllis do you want to make a motion yeah I'm going to make a motion to suspend the rules and move item 11 be up for discussion second also a little air okay I'm sorry Phyllis made a motion to suspend the rules and move item 11 3 11 be up and that motion was seconded by Councillor John Key ok council keenya second is that motion Alan in elsinore 105 got his openness Oh alright please vote on the motion to suspend the rules move 11 VF motion for is unanimous we will now move to item number 11 be consider thank action on an ordinance amending chapter 70 of the code of ordinance ordinances of the City of Lake City Texas entitled offensives fences and miscellaneous provisions by the addition of a new article 3 entitled regulation of sex offender residency this was brought forth by new council member Phyllis Sanborn and I'd like to make a motion to approve on first and final ok counseling sanborn has made the motion to approve this on first and find also could councilman jim nelson his second to that motion this item is now open for debate else miss Anderson I think this is a great idea having to do with where registered sex offenders are able to reside within our city as written the ordinance states that no registered sex offender could live within 2,000 feet of essentially any area where children gather which could be a school could be a school bus stop could be a number of places city parks you name it obviously sure everyone up here and most people in our community would like to live as far away from registered sex offenders as possible the only concern that I have is I know there's some litigation going on in the state of Georgia right now or they enacted a very similar statute or ordinance that don't if whether or not registered sex offenders could live within certain distance of school bus stops and if you look at the map this effectively would almost any sex offender from living just about anywhere within the incorporated city limits of the city of lead civic city and although we'd like to have it that way it's probably unconstitutional I'm sure that we're setting ourselves up for some type of litigation in that regard other than that I think it's a great idea and great spirit behind it but we might want to consider something less than 2,000 feet councilman Sanborn mayor could I have difficulty grant come to the podium in case we have any questions absolutely detective grant could come up I had the pleasure of meeting with detective grant and working on this since last March and I certainly am NOT going to take credit for this detective grant I give him the credit part but I want you to know all we have to do is listen to the news to know why this ordinance is being presented a primary purpose in this town is to protect our children and this ordinance would do just that this is not allowed registered sex offenders to live within 2,000 feet of schools parks registered daycares and places where children commonly gather the ordinance is not retroactive to those that are registered that already live in a city and it wouldn't require them to move however it would require anyone that's moving into League City to register some of the cities that already have this ordinance nearby our Santa Fe Alvin friendswood and mandal and that's just the name of you the state law currently has a thousand foot safety zone for those that are on probation but after they complete their probation there is no safety zone this ordinance will pick up for the probationary terms leave off I'm very passionate about this ordinance and I don't believe this city council will allow league city to become a sanctuary for sex offenders fleeing other cities thanks thank you Ted Nelson oh just a couple questions for our attorney I you've looked at this and you believe this will pass constitutional muster what I will say is this virtually all of the ordinances that I've seen passed on the state level in the state of Texas anyway have a thousand foot distance restriction so this one is certainly what we call this certainly takes the distance obviously much further than most of the cities around a set of passes ordinance conversely there are a number of state statutes that call for a two thousand two thousand foot distance most notably Iowa Arkansas Ohio and Oklahoma and recently there was eight circuit opinion called Doe versus Miller in which the Ohio statute the two thousand distance statute was upheld on a number of different constitutional challenges it was a class action case that was brought by a group of sex offenders and the challenge failed in the eighth circuit unfortunately we don't have a Fifth Circuit opinion that we can go by but that's the most recent case that we have out there it's still vs. Miller so to answer your question I do think it will I do think that under the current case law it will pass constitutional muster although I must point out to you that the distance is significantly greater than most the ordinances that are being passed now and do you think it do you think we could pass an ordinance that say we just don't want to live in or tell I don't think we could do that okay let's look at this map that we have up here it looks like approximately if you see the places where people actually live in our city and we're eliminating close to eighty eighty-five percent of it just taking a guess do you think that that was that ever considered in those arguments can you see that now or do you think that matters at all when you look at the percentage of space in a city that is eliminated from from access by the body well certainly if I was challenging the ordinance i would i would point this as being one of my main exhibits i think this is a substantial restriction on the ability to to live within the courtroom in the city I've got no problem eliminating them from coming to the county the city the state that doesn't faze me a lick personally but who's going to pay the bill when we litigate is the city of League City pad does miss Sanborn and cease ASD pay it does tml pay and who's going to pay the bill when we have to litigate this at some stage well if there are no damages being sought against the city that it's unlikely the tml the provider defense if it's strictly a constitutional challenge then my office would likely be the thing that's the case and you get paid we pay you by the hour tour yesterday okay and that would probably be substantial I would imagine to to defend us on this right as far as it wants to go I think it would be a substantial cost okay and so the City of Leeds day without the bed yes okay council makini well you know I think that the city has an obligation to its citizens and sometimes that you have to be fairly restrictive whether this will hold up to a constitutional challenge I have no idea what are the plans you know I'm not real familiar when when I when a sex offender wants to live and reside in League City they have to come register with some place where they register with good evening mayor City Council and they register with me at the police department ok move into the city they have seven days to register with me on the eighth day a warrant is issued for their arrest League City Police says of the departments in this area it's zero tolerance they come register with me ok it's or up is there a plan and place where when they come and register they're going to somehow be notified I'll be given a map and areas pointed out or how's that going to work cut it right here what they do is they come see me that's a procedure manual right there or what it oh this is this is the map of leaked city okay and basically it is it is color-coded to where all the streets are included on this map so they come visit me and say for example they want to live on bennigan's street I'll take the map look at it and basically the falls within this color code then they will be informed that violation of city ordinance if it was to pass that they would be unable to live there okay there are different areas in the city where sex offenders conflict we had one register today that would have actually if this ordinance had been in place could still moved into the residence he was renting is now I heard that if they already live in league city that they would be grandfathered in if they move say from one place in league city to another they have to come and let you know that they have a change of address yes sir and are they and then will you consult the map to see whether or not they can move to that new place or and if they can't then then they're not really bothered anymore but what I plan to do is I plan to inform the sex offenders that live in the city of the ordinance if it passes they will receive written confirmation from me whether or not they do or do not live within a zone and it will be explained to them in writing and in person by me if they do not live in the zone as to what the city ordinance is and how many sex offenders are currently registered as living right now we have 46 46 on 42 would be grandfathered okay if it doesn't it doesn't apply the way the way it was written it doesn't apply to juveniles it doesn't apply to adults that were convicted as juveniles what I base this on is those pedophiles that target children we now have for sex offenders living in the city within these zones register with me every 90 days which means they were convicted of multiple offences against children they're not on probation when they go to TDC and they serve their time when they come out if they've served their straight prison time they are not on probation there is nothing I can do to prevent them from living next to a park I can you tell me that's what that's fine can you tell me where in here that it takes care of I mean deals with a juvenile or oh the person was a minor when he or she assured number 2 e 2 yes sir okay the only the only real concern I have with this really a 70 dash 53 and it where it makes it unlawful to sell let or rent any place structure a part thereof manufactured home motor home trailer boat or other conveyance with the knowledge of use as a permanent temporary residence by a person prohibited from establishing such what that does is if somebody if you let's say you're selling your house and someone happens to mention that you know I'm so glad I found a place to live you know I've had trouble because I'm a sex offender and if that person that's selling that house doesn't know this law we we've just made them a criminal you know guilty of a misdemeanor possibly upon conviction and so you know Arnold was written but didn't mean that this come out of some language or who drafted this part of it I was actually provided this draft by detective grant i believe and but this is drawn it's basically drafted and pattern apt of most of the ordinances that are being passed by the other municipalities what i did however was took it and clarified some of the provisions that were not clear particularly those that had to do with the types of offenses and the definitions of places were children gather to me there was some uncertainty and i sort of clarified that but but by and large this is the ordinance that you're seeing past I could I could support this if it did not have a section 70 dash 53 where we make criminals out of people selling their houses who may become aware of the knowledge that they're selling or renting to a registered sex offender I don't think I can support it now or don't we have to have in the past when we've done first and final we've always taken a boat to agree that we are willing to do this first and final like you're going to need two votes you need a vote first to see whether or not you want to pass this on first and final and then pass or fail then you would take your vote on the first reading of it okay if the motion to pass on first and final fails you just have your first reading tonight have a couple of people on the queue let me just say that fell aside I want you to know that this is that this is a good thing I mean this is this is the kind of thing that that I think counselor should be putting forward and I know that you probably came up here tonight thinking you know hey look what I've done the Sun during the storm I've been there just hang on and keep your eyes on the prize we're going to continue to debate this out I think that all concerns are valid but I do applaud you for removing for discounting comes officers grand for the 2013 instead of blue when I went around the cities and got copies of their sex offender ordinances and began to talk to the peeps avail the police departments that did this basically it starts with Alvin ninety-eight percent of violent sex offenders cannot live there because I'll be small they did parts just like they did but they followed the state guidelines of thousand feet so did other cities however now because of Iowa to wear that did passport challenge mustard for 2,000 feet and friends would other cities now we're looking at expanded into 2,000 feet that's why I went with 2,000 features trying to get more and just trying to make it safer for the children yeah i think it's a it's a great ordinance and also i do have some concerns with 70 dash 53 but i think we could work through that and the rental side of it what usually happens is i'll get people calling me complaining because they've actually rented to a sex offender that's lie to them and they want to know what they can do to get them out right now while i can tell them as well i'm sorry but you're going to have to go through the civil process it happened up at landing about two months ago the lady had no idea she rented to the sex offender brian and i agree with you that would be the reason with people you know i'm not saying that i'm going to go out to those who writes them obviously it's up to me whether or not they they would or not that least it just gives us another ammunition that gets suspended right and I'm not for sure I mean we have another another lawsuit or lawsuit that we went with here while back with the Houston Chronicle and you know we talked about constitutional law and everything that we're fighting so I really don't believe that miss Sam born in CCISD comment was was needed I think you're trying to do a good thing here and I agree with you we need to tweak it a little bit further to make it right but I do agree one hundred percent waking the Sanborn appreciate you bringing this forward partner the next q almost how did 1753 or whatever the nervous how did how did they get past you and what you're as far as the legal opinion what if you look at this it requires that the seller of the property or the landlord have actual knowledge of the fact that the person is a registered sex offender before they can be found guilty of a misdemeanor so it has to be proven that at the time that the property was sold kind of as a contract or sailor at the time that the lease was signed at the the person selling of the person at least in the property what had actual knowledge that this person was on the registry list Khalfan Nelson I'm officer Brent why why do you say it helps you again you if you have this part about the renter or the seller what is that facility open what happens usually is a a person would call me and as I say it has happened she rented a house to a registered sex offender and basically she told me I had no idea and I've just have said all my neighbors and I just don't know what to do so therefore my remedy to her was well now you're going to have to evict him her response to me was well so now I've got to spend money in the JP court time possibly hire an attorney to get that person out because i did not know obviously if the person does not know but we're not going to do anything to those people i'm usually probably missed the time but but why does that help me all this says is that you could charge her with a Class C misdemeanor cry if they have knowledge right ain't knowingly okay so why is that how does that help you get the person out of it anymore I mean I don't understand I agree with everything you just said but how does that you can still get the person out if you take that section out and this offender moves into this house you can still remove the offender absolutely so why do you need something against the deal not to cover us if we have people that knowingly to sex offenders okay but that wasn't an analogy you used I mean so you think there's people but if you rent knowingly well that wouldn't matter that's right that's exactly you can owe a lil bit you can still get them out exactly okay kelson Barlow first of all I appreciate you coming in nice questions this is very compact my head oh I'm sorry I'm sorry Mike go ahead ten second life second question I had over is there any school that is totally eliminated that has no pockets where somebody and as a sex offender can live and go to that school is on school that's eliminated I don't understand the course okay we have all these pockets of these yellow pockets yes okay is there any you know you know the boundaries of every school so right okay is there any school that within their boundaries there's not one pocket where somebody can live and go to that school no this goes got 2,000 feet around it you're missing my point okay you know how this you have to school and then you know for that certain school you live in a certain area to go to that school yes what I'm asking you is there any school because of bus stops or any other kind of thing that by using the two thousand foot would not have any ability for one person to come there that lives in a house where sexual offender can live so you think every school could so I think that would that would be a problem if some school is basically immune so we can go to a school school that we don't know and that would clearly be a constitutional problem exactly okay that's and this action and this really doesn't apply to a juvenile offenders in which we do have several it also doesn't apply to the adults that were convicted as juveniles all right I defendant but if an adult has been convicted they have children you know that child might not be able to go to that school because they couldn't live in that area is what I'm saying it's contrary to popular belief you know sex offenders do have children Oh Australia and again I'm 100-percent for this it looks good I'm just trying to make sure we don't spend a lot of money trying to defend it here look your help is greatly appreciated thank you very much and it does look very good thank you for your hard work count them all take the square oh I really listened with great interest bring up really good points about the two thousand feet and when I look at that I can I can intuitively 11 gather that the increased buffer zone would be more protection for children so it has the foundation but it also concerns me that it does wipe out most of these sites central and presumably there will be areas that what up limit some of the southwest side when it gets developed so I guess my question you know you said you had these fenders come in and they'll they'll bill register with you and you have the maps that you can point out residential opportunities that are legal for them yes yeah at this time when you've gone through that it looks like there are plenty out there even though most of it's done I mean are there options that are reasonable and if so I guess because what I'm going to get to is maybe we could pass it with 2,000 feet and if at any point it starts to look like you know there's no no we're maybe we need to tweak the distance at that time before somebody does get an aggravated and take its litigation because they can also litigate if we send a thousand I'm sure they can just not like that it take us to court so in other words in your judgment do you feel like there are still reasonable opportunities and could communicate to us if that's no longer true yes thinking Marty I'm curious if a person moves in and I've got three people with you that want to talk to you if a person who's in the lead saidmore and rinse the house somewhere and does not register with you I'm just a late now I'm not lawful how do you even though they're here you see the neighbors neighbors we just run an operation over on in metal band or we had a sex offender that we actually one actually went back in when we got him we actually find out that he'd been living there for years and moving house to house around the subdivision finally a neighbor realized that where he that he was a registered sex offender called us and we spent three months investigation on it and eventually arrests and it's 33 felony and Galveston County DA's office is zero tolerance on it I tell people all the time this is not about who we know are living in big city we're trying I'm trying to find the ones that aren't registering with us because there's plenty of them out there and the city of Houston just to let you know are dropping this and the city of Dickinson are already putting there's together at the end of the day we may find yourselves to be in the only city in town in this whole area where they can gasps bikini well this isn't really to take care of sex offenders who come to link City and don't register because no I mean if you find them you could throw them and you know arrest them anyway yes sir this is to take care this is the deal with sex offenders that are abiding by the terms of their conviction and and so do they normally like they move in and then they come and register usually they contact you person so they'll contact you before you know what I would think is is if we take out 70 dash 53 and then we put in a provision that says the sex offender must notify the person that they're buying from or leasing from or subletting from that they are a sex offender and then you take care of the problem where somebody leases or rents or sales unknowingly to a sex offender because these you know you would have pre notified that person before they move there so again I think we really need to take out 7053 and then maybe put in a provision like that where they have to notify the person that or wherever the going to take up residence from that they're a sex offender and make it a wall that they have to do that before they actually sign a contract or or whatever that in you know whatever kind of agreement they're going to do well I would prefer that we not take out 7053 because it does say knowingly so I would rather leave that in and when Detective grant and I met on this and also when I met with our attorney mr. Polanco we discussed two thousand feet because we did want to have a very strong ordinance but we also discuss detective grant that and I did that we would go with a thousand feet if that's what council chose for us to go with and we would be happy with the ordinance with a thousand feet we would be happier with 2,000 feet and I would be willing to amend my motion to go from 2,000 feet to do a thousand feet and then if if that appeared to be a problem we could always come back at a later date for council and ask for the ordinance to be amended to 2000 feet okay so it's the motion the motion on the floor is yours so before I recognize anybody else on the cubes are you amending your motion now or you just want to hear some more feedback on Richard I'd like to hear all the feedback I certainly don't want to bring this ordinance up and not have it approved and if compromise and and working together is something that we have to do we will go with a thousand feet I'll amend my motion at a later time and then we can bring it back up if needed at a later time for two thousand but I would like to see 70-point 53 stay in the ordinance thank you very much councilman jim nelson i would like to thank Councilwoman Sanborn and officer grant for doing such diligent work also Arnold Polanco for helping them put this together the only problem I have with 753 is there's going to be a lot of people in the city that don't even know this sword is it exists they don't they don't know all these ordinances that we pass so that's the only problem I had was it that they may know that the person is a sex offender but they may not know about this ordinance so that's that's that's the only grief that I've got what the ordinance I think it's a good thing myself so I'll all support this Elspeth had nothing I'm not on the kid counseling vibe all I just wanted to give you some feedback I would be happy to support it as is the 2,000 tonight with the hope that we would get and notified if reasonable residential options at some point of future are not available with that distance in between oh in other words I'd rather go that direction of future than the other way but also just one other point you know I will support this the the the procedural first and final tonight but I don't suspect that it will pass if not maybe we can hash out the 7053 and the two weeks enter until the next meeting and look at that more closely but I just hope that that doesn't get in as this tonight Thank You Councilman Jim Nelson brought up an excellent point which I hadn't brought out if a person rants ourselves to a known sex offender but they don't know we have the ordinance that puts in the violation of the law on it is that clear home if you've Noah technically the ignorance of the ordinance is not a defense not have to have knowledge of the law to violated ignorance of laws one of the collective mental states is knowingly no intentionally what they would be doing is knowingly renting it's not knowing me knowing it's a violation right they literally they knowingly let that person into that house knowing it was a sex offender that would be what it was so again if they didn't know the law and they knew that person was sex offender they would be violating it this that simple okay the motion on the floor is by Phyllis Sanborn that currently stands at 2,000 feet and it's seconded by Councilman Jim Nelson now the first motion and I need to get Phyllis is to see if we want to pass this on first and final still so if you if you want to do that you'll have to make that motion get a second we'll have to have six out of seven affirmative to pass that it has success it's a for fiscal and and then if amendments being made it would be made after after that boat right well there doesn't there's not amendment on the floor unless you're going to amend it down two thousand i'm not going to mend it down to a thousand but i will amend it to remove the 70.5 three yep okay councilman okay Councilwoman the same where I think the question here mayor if I may sir is that would first we have to take a vote whether or not we're going to pass it on fine person final without even taking a boat so make that motion in this I'll make the motion pass on first time I'll make the motion again to approve on first and final ok fellas night emotions are passed on first title second from discussion ok cos good to say I don't look good for your bills second by telephone and now we have a on this just to maybe so we move this process alone Councilwoman Sanborn if we could maybe negotiate a little bit tonight and move forward with the two thousand foot but have a second reading because I think what people are concerned with up here is that if we pass it on the first and final reading tonight we cannot make changes so if we went ahead and put it on the agenda for next time go ahead and pass the motion tonight not on the first and final but have the second reading and make the changes that we want to before the next meeting I think people would feel much better with it that's my only point too we only have two mission two issues Councilwoman and that is obviously 753 and then the number of feats I think you've got a great piece of work here and I think everybody has committed you for that the first is by Councilwoman Phyllis Sanborn to pass on first and final the second on that is by Councilman combs there's no further debate on passing it on first and final always whether those so please vote for izz barber comes Jim Nelson tab Nelson and Phyllis Sanborn oppose counsel John Keaney Chris Andersen's of motion does not pass because it takes six of seven so now the motion on the floor Phyllis is very I would like to make motion to approve this ordinance with the two thousand foot stipulation headway in that count when I come sir she's already got a motion on the floor she opened with her motion and I didn't force the first time I'm sure we have seen that my fault I'm sorry the motion on the floor right now is filled with Stan borns so restate your motion for me now phil is pleased and the second is by Jim Nelson him the motion is to approve 11d as written and I'll second that okay now Phyllis you understand that that leaves in 7053 and 2,000 feet ok all right ok the motion on the floor is to pass 11 beam as is and that motion is still seconded by Councilman Jim Nelson and now this is over for debate councilman tad no I just want to say I'm going to support it a hundred percent I just hope that I was never called on this when the sand worn or mr. grant we're working on this and I just ask mr. Samuelson we're both lawyers a deal in this area we were never called on and I'm sure has some input if we worked out at the little harder we talked about it when we got our agendas which is fine we're still full I'm so personally for it I I want it to be as restrictive on sex offenders living in my city as it can be without costing the citizens any money bite of trying to defend it and that's all I'm asking so you know I'm going to vote yes but when it comes down and we have to spend a heart and fifty thousand dollars of our hard-earned money and we can't have a you know a webmaster or media technician to run this room because we had to defend something we were a little bit over aggressive on I'm going to be a little bit upset so I'm going to support it but uh I do hope y'all know what y'all are talking now council makini I just still have a concern that that we're making we can make essentially criminals out of people who knowingly know they're renting to or selling to a registered sex offender but are unfamiliar with the law are we going to put you know I know when I'm speeding because there are signs all over the place that tell me where I'm speeding I know where I'm supposed to stop there's a lot of laws that I know I know without a sign being up that it's against the law for me to go into a store and rob a store I know it's against the law to murder people you know you know that sort of thing do you think that people are going to know that if they've got a rental house and their nephew wants to move into it that they they're going to know in their nephews a sex offender that they're going to know that there it's against the law on that we're going to that essentially we make a criminal out of them I think it's it's why put the burden on the citizen why not put the burden on the registered sex offender that's all i have to say they're helpless and boy well i'm still new at this and I'm learning and I want to apologize to count someone else on Ted Nelson and Councilman Samuelsson and again it wasn't that I did not would not have valued their opinion it's just that I'm learning and i will take note of that and continue to become more resourceful and councilman councilwoman sanborn there's no need for apology you've done an excellent job up here it's a great a good ordinance the only thing I agree with the councilman keeney that 7053 does need to be worked out if you and Councilman maybe detective grant to get together and reword that a little bit before the second meeting I would approve of it on the second meeting because I to also believe that we do have a slight wording problem in that section in just because we passed the city ordinance tonight does not mean that we're going to be sued tomorrow we are suit because of the city ordinance we have an option either to do away with the ordnance drop it down to a thousand feet so it doesn't mean we're going to be spending a million dollars on it on a city ordinance if we pass it tonight captain Tim know hi I just have a problem 7053 also and there's going to be just so many people that are not familiar with this law that might rent the place or sell equates to a person that I just I just think we need to either rework it or take it out while the other otherwise I can support the 2,000 feet and I can support the rest of it we will work on that before the next meeting thank you motion on the floor is by Councilwoman Phyllis and one second by Councilman Jim Nelson no further today please vote for is counting barber combs Jim Nelson Ted Nelson chris henderson and Phillip M going to photos penalty gentil motion passes congratulations Phyllis welcome to league city council weeks DD cocktail please you know it is i funny comment you suspended way the move move something up you might want to just block out the side door but think anyway excellent job you persevered wonderfully and i think the city is better off for it okay we now move to item number seven which is the consent agenda item 7a 37 or in emotion merit is also removed for discussion p he like all right okay costantini wants to remove item number p rotting emotions really can someone give me a motion to approve the consent agenda I'll make the motion Thank You counsel Jim Nelson a motion to approve the consent agenda secular seconded by Councillor John Keaney and that is items k through all excluding key like Paul and three penguins issue hearing none please vote intima just barely two seconds and Robin would like to move em all okay so that would be now a through our excluding em and team mayor just for clarification I'm sorry are you pulling them for discussion or taking it off the agenda okay thank you I'm going to go ahead still for kicks call this a consent agenda we are now excluding the gamma and key are you fooling d completely are we moving it we're pulling d completely off the agenda tonight M is going to be discussed at a later date robbers excess later tonight and p we bring back up for council member kini is that just crystal clear okay we're voting on what's left to the consent agenda please vote those you now thank you we now move to item number 77 m consider take action the approval of ordinance number 2006 dash 7 8 amending ordinance number 2006 dash 15 approving the governmental and proprietary funds budget for fiscal year 2005-2006 second reading mayoral make a motion to approve for discussion councilmember comes as Nathan motion to approve our little session seconded by councilmember Jim Nelson and is now open for discussion Robert where the change we would like to make is the recently start wata has made a donation to the sportsplex fund amount of three thousand dollars which we have received and staff is requesting like that three thousand dollars be appropriated in the support place from fifteen hundred dollars in professional fees and fifteen hundred dollars in janitorial supplies so we would like to add that amendment okay besides over for discussion Tommy you good with their Merrill what's going to go ahead and prove the city ordinance with the amendment as stated Thank You Justin Nelson also going to take your second okay very good for the prevailing this issue please vote for is unanimous motion passes for there now on 7p consider take action on the approval of the engagement letter regarding audit services for the city of leeds city for the year ending September 30th 2006 through null larrison Americans I'm on that board I'd like to ask approval for that councilmember Jim Nelson's made motion to approve second seconded by Councilwoman illness sanborn is now open for debate there councilmember keen if council member Jim Nelson would like to go first that's fine since he most Thank You mr. Keith bucket over for afterwards absolutely mayor no Larson has done a really fine job the last few years taking care of our finances they've given us some direction on helping us improve how we do various things within our finance department and I I'd like to ask Council to approve keeping them on for at least the Smith next year I'd like to actually see it approved for two years but if we can only go for a year that'd be fine Thank You councilmember kini well at a council meeting back in 2005 we approved a one-year extension to the existing contract and I believe that the question that we brought up then was why are we why are we not going out for requests art queues for this you know the reason that we didn't pull it back then I mean approve it for longer was it was the direction of counsel at that time to go out for bids now it's august eight their contract in September 30th 2006 is there any way that this city could prepare request for qualifications and then go out and negotiate a contract they'd be pretty tough in 60 days or less than 60 days and I'm just wondering when when are we going to stop having things brought to us in a time frame where there is no other choice right now there is no other choice we could not go and find a replacement because we don't have the time this happens to the garbage contracts it happens to our insurance contracts and and I we're just not doing business right when are we going to learn you know I've been up here for two and a half years and we're still being brought approve this contract guess what if you don't we don't have time to do anything else about it and it's not good business we do have time how much time does it take 30 days to get the Rosalind to the auditors that would be interested 30 days to evaluate award the contract in and so we could award after September 30th because if we if we did it that timber 30th did not department there's not a cent into 30 because they can start their business and make sure the reports are done by the the right time at next year what do they do for us like from now till when do they start work what are they working for us now and no but if they were approved tonight they've requested to not forget the date they're here to see me they would like to come in and have like a week for the time staff to the in preliminary work so the advantage of knowing your auditor now they can get started and be completed sooner but if we don't choose them tonight go out with all of these then the final product will be delayed but that doesn't that just means knock down soon yes nothing wrong so this is not good or else I'd like to really you know all the changes in front of support this is not to make the way well you know and I agree mr. powers that it's probably a good idea to go ahead and keep them for this next year because of the changes in the finance department I guess my question was is how come back in June people say a june period like last time it was June twenty-eighth 2005 and I mean once all aware that council at that time would have liked to have gone out for RF use absolutely have we had seen but I'll just take the blame we had some scheduling difficulties with getting the report on your agenda both the kafir the BLD audit and single audit if you recall there was a meeting for that was on and off so that just kind of consumed my scheduling thinking and when those were done then we had to make a decision about that I'll take the blame for that but we had difficulty getting on your calendar to present the audit back a ok well I'm you know I'm going to support this tonight because we do you know turnover and financial I guess we've got a new finance director coming on I have anything of fish hopefully yeah and so I think it's a good thing I just would like you know these contracts that are coming up because I know we've got health contracts and garbage contracts and things that are ending and you know we as a council need to get these pretty far in advance so that we can you know meal and make sure we're getting the best services for the citizens thank you Mary Thank You councilman my bar Thank You mayor I appreciate councilman kinis comments especially as it relates to bidding and things like that you know when winter outfits for concrete and garbage services you know whoever we get the cheapest usually it's best however in this case I'm trying to remember back this and I need some help by somebody in the front row jun 28th was my first council meeting as an elected official and i believe we were told by an informed person that the audit services tend to you're better off by having several years at a time and then going out for rebid and i think it was recommended heavily to us to go past this date beyond this by another year at least two and we failed to do that was really i'd look at it as our failure at that time I really wanted it at the time and unfortunately the whole notion of bidding we kind of ignored expert advice so and it's not too it's not really to tell you you're wrong because you're absolutely right about all the dating process but this is a specialized case and perhaps we need to follow that advice on the Wolverine into problems like this so thank you thank you and we also have Jim we you are the only one on the all you have Ellen councilperson currently on the hardware yes i believe mr. Sanborn has a volunteer here I we actually need another council member on the committee and that's what I was going to say council council I sent out an email we've got to have three people on the Audit Committee three counts of people and the only positive response i got that this Councilwoman Sanborn Chuck I'm before I call for this vote I'm going to ask you to speak to counsel on the things that you have discussed in past year about you your view on audit committees I want them to hear that from you before you I just want thing to get out from you yeah okay so before that council makini 70 they want well I may want to wait until after mr. Pinto speaks anyway we're not I mean this is you don't go out for bids for this anyway you go out for qualifications it's the same thing we do with the city attorney and that we're not we're not going out for bids and taking lowest lowest value what we do as we go out and we go out request for qualifications and then what we do is we evaluate these responses based upon services provided we compare services we compare experiences experience that the company said this is not a company that we've just hired recently and and we are thinking in 2005 that we want to take you know just short-term them and just have somebody for a short period of time this is somebody that has been in the city for seven years and and i'm not going to this is a very good firm i haven't I'm not saying that I have anything against the services that have been provided by this problem but what happens is is typically I think that if you keep an audit on too long that that you lose and the edge an edge of looking at detail and i'm and and i'm not sure what kind of plan that the firm has to ensure that we keep that edge that you know that where we are looking for things that are different and looking at the same things that we've looked at for the for the last seven years and maybe looking at them in a different way I don't know if they have a plan to do that but it's not something that we're going out for bids or with that the counseling in June of 28 2005 was intending to go out to the lowest bid what they were doing was saying let's look and see what services and experiences experience farms have that would be willing to work for the city and it may very well that we went back with the same company okay Chuck would you please would you please explain to the council from your experience of things that you've sold me about audit committees specifically so that when they hear it for me have a reference to what you said if they hear from me appreciate we say Robert taking the blame that we've been going down the road now somebody's good you thankful we make progress but now that he's taking the boot on what really happened with us too if you'll remember we tried to schedule workshops with City Council and the workshops that we tried to schedule is to have the auditors the bond finance people and Robert myself here so we could go through an audit audit process finances where we stand how do we go in the future with our bonds that was one of the first reasons why we had some delay in bringing new officers or the existing was to you because we really tried that we tried it for about two or three months we had that on the agenda also they were fully engaged in the BLD on it we we talked about on the staff level was actually a decision do you bring them in the middle while they're in the middle of the BLD finish up the other and trying to do a workshop so all that really came together and that's why they're here now we even talked about it we know there's still plenty of time if you want to change alters now the other issue we got into we had civil town periodic committee couldn't meet because you lacked quorum especially at a time when we were getting ready to go out for bank bids and they couldn't even get together to discuss bank bits because of a lack of a quorum for the Audit Committee and because we had a changeover we don't have enough councilman sitting on it to have an audit committee meeting now a lot of places I've been a council first let's talk about what an artery is an archer is and does and has to work straight for the City Council because it's your responsibility to make sure that the money in the city has taken care of and you hire them to look at review and investigate how your money is handled and us who handle your money to make sure it's invested in all those things properly and even though they give managers reports and they look at the weaknesses of the city they they're looking at us so they work straight for you and they're responsible to you and in a lot of places there's really no reason especially when you're working as smooth as you're working now in the finance area not too when you can have trouble getting these corns to go ahead and beat your own audit committee let them do their things respond to your import to you talk to you the the things you're going to see anyway like investments reports are going to have to come to you anyway be approved ever so often that's by law and it might not work for the next year or two for you all to really be the Audit Committee have some of those meetings have some of those workshops and understand where the money is going on what's happening and what I call the cheer the balance of the city and there's nothing wrong with doing that plus when you take an audit committee of two councilmen you're leaving out five others and so sometimes in this kind of case I think it's a good thing and they won't take a lot of time but one workshop out of the year to go through this probably wouldn't hurt at all turn during these types of transitional times and you're getting ready to issue a lot of bonds in the next couple of years with the two sewer plants and it'd be a good time to get to know the finances so that my thought is let the council for a while act is the automatic thank you demotion on the floors by Councilman Jim Nelson is seconded by councilmember Phyllis Sanborn is to approve with no further discussion on this issue please vote for is unanimous merchant activity to now move on to item number eight reports from staff members whole business done item 10 a new business the cinematheque nationally approval of the meeting location for special joint meeting the third Creek Independent School District Board of Directors where a move to approve the meeting location for the joint meeting at Clear Creek High School number four I think it is customer comes is made a motion to approve also you councilman jim nelson second that motion any debate hearing none please vote for unanimous motion passes consider for a ten be considered take action on the award of bid for the countryside park trail renovation project since I can only award a bid for the countryside park fart trail renovation project mara moved to approve for discussion council member kulmann a motion to approve for discussion there i'm going to call circuit without discussion he is second to that motion is now over for debate where yes our account number cos i would like maybe hear from the first department in reference to this trail of the project give us a little bit of overview only this is a CIP project how I was already approved by City Council these are trails out of countryside park on the back side of the park trails are about 3,000 in length and six foot wide the material this trail was originally made by recycled asphalt and with the high rise in being in the flood area there's some deterioration of trail which is looking at renovating trail again this has been approved CIP but what year was it appeared for was coming here it was approved in last year's fiscal year stab at that time another staff member in city at that time was in progress of looking for a grant for this particular project where we would not have to use these particular Tron's but that grant fell through so therefore it was a carryover and we're now looking at process the scene with the project this year thank you councilman barber so I think I just heard you say that I want really clarify because in the memo that we have attached talks about this type of surface is less suitable for high water events but is there deterioration you say that there's deterioration already and is it hazardous or and safe Lenny had the pressure bachan and anthonys several times a year ending on the weather and the recycled asphalt when we get high water it leaves like silt all on top of the recycled asphalt you came and walk across it until it dries so it's really a maintenance nightmare the recycled asphalt and our existing trail that connects to rustic oaks park is already concrete so we wanted to upgrade the current trail system to match what we have and eventually we want to tie it all the way to a Magnolia Creek but mainly maintenance headache and we're looking at possibly rerouting it to get it out of some of the low-lying areas so we won't have as much problems in the future with a this silt and high water damage thank you and just from a budget standpoint shows that it's not not budgeted but it's from this account what county is that it's the 75 41 week 175 175 is the general fund capital improvement projects and the the hunterdon 120 something thousand is budgeted the additional 8,000 is being requested to transfer from another account to make up the difference in the bid Thank You councilman Samuelson mr. Preston said that this is going to change them from from the recycled asphalt to concrete similar to what we've got over and rush to go to get a little be equipped life and are these funds going to be used to tie those two Charles systems together this will type episide trail system it already the rustic oaks have some time to countryside now is highly receptive as well we have we currently I think we have a half supplemental for the other pieces someplace but that's down the road Thank okay the motion on the floor is by Councilman combs to approve cited by Councilman kini is there any further debate on this issue mayor just want to make a stipulation to my motion that that will be for teamwork lowest bidder my computer just went off teamwork construction I guess it was great teamwork construction which is that the lowest bidder I'm sorry and or the lows yes it is soaked okay okay all right and complicating you hold your second yes yes sir okay very good hearing no further debate on this issue please vote for is unanimous motion passes item 10c consider take action on agreement to base a portion of the countryside elevated water storage facility to tmobile texas LP for the purpose of erecting a nintendo structure and allocate the proceeds of this least of the utility Enterprise Fund Sulu Council Jim Nelson's made a motion to approve second Councilwoman Phyllis Sanborn a second of that motion is now open for debate hearing none please vote mr. mayor if I may make one comment as stated in the agenda item it is contingent upon approval with the through the appropriate zoning ordinance which tmobile is aware of and has agreed that they will be running through the process they merely didn't want to spend their wheels without having the least business points proven thank you this is it subject to this well the motion on the floor is for approval that we've already clarified this if it says that recommends approval with contingencies and those could list the person making the motion excludes those agencies that are in the record so yes sir council nelson very good motion for is unanimous motion passes item deed received a certified tax roll certified estimate of collection rate certified excess debt collection and effective tax rate and roll back rate calculations from the city tax assessor so councilman jim Nelson's made a motion to approve second Councilwoman Sanborn a second at that motion is now over for debate hearing none please vote motion for gene animus motion passes item number 10 e consider take action to propose a tax rate for the city of League City Meredith would like to propose a 660 2.75 which is the current tax rate Councilman Jim Nelson a second to approve the current tax rate at Point 6275 and seconded by Councillor Mike Barbour this item is open for just two to bay but before we do that let me explain to the council and the viewers that we have another folks I think Chuck's head to the 11th if we work for to go right down to the wire to approve it we're in workshops now the rate that we set tonight is a published rate that we have to start advertising 6275 is our current tax rate that is the highest that we would be able to go after we read it in the record tonight we can still go lower if that's what we if that's what the council so chooses but this would be the ceiling and that is the motion that counseling Jim Nelson has made instinctive a councilman Mike barber is there any further debate on this issue hearing none please vote for izz councilman barber columns Jim Nelson Ted Nelson Chris Anderson and Phyllis Sanborn foes Councilman John kini motion passes item number 10 f consider taking action on the approval of dates the whole public hearings on the proposed tax rate status of their condition some apparent by the August twenty-fourth 2006 in August twenty-ninth 2006 councilman kini has made the motion for August twenty-fourth 2006 in August twenty-ninth 2006 seconded by council when Jim Nelson sightings open for debate hearing none please vote for izz animus motion passes item number 10 item number 11 11 a consider take action on an ordinance amending section 18 gauge 10 of chapter 18 of the city of League City Code of Ordinances entitled disposition of impounded animals so rumor council makini has made a motion to work in the councilman ed Nelson's made a motion to second is now over for debate council makini just real quickly for the citizens benefits this is a ordinates that allows the city of League City to charge an adoption fee that would cover some of the expenses that we have with running the animal control facility in the adoption facility is that correct train okay I think it's a good time we started doing that hope it doesn't I think anybody that would like to adopt an animal would probably also be willing and that's going to keep take care of it is probably willing to spend a small amount what would amount of what are we going to charge we have found a veterinary and it will come into our facility study new year the in our facility that were all free bird option for $65 that includes sterilization and the rabies vaccination they supply all of the suture materials off against Eva we don't have to keep control drones on hand by their own autoplay the equipment that servation and and that reimburses event nearing for their service healthy animals and heat or pregnant there's an additional five dollar charge and that's pretty comparable to what like the other facilities would like to one-up on almeda road and Billy he means sign charges a fifty-dollar p it is providing the animals not in heat pregnant or over 75 pounds if they're in heat is twenty dollars additional if they're pregnant depending on how far along in your pregnancy it starts out at 25 and goes up if there are over 75 pounds then it's an additional twenty dollars and this is just a plant rate this matter how big or how small the em with its $65 unless they're heat or pregnant needs additional five dollars right and right now what happens is as we just kind of if someone wants to adopt we just kind of get them to say or sign something that says they're going to get them neutered or spayed but you know it's really hard to bottle up on that so that's why we take care of it before the adoption even occurred there's a contract that we're required to provide for the owner for sterilization assign an agreement to have the animal sterilized and vaccinated by a certain day it provides back to proof and we've been doing that the last ten years that I've been employed with the city the problem with that is the enforcement in as your where we've had some people that not only have not complied that it failed to she'll report for those offenses and of course they tack on a fair to appear we eventually had people go to jail over this and is not our intent when they're coming to the top Thank You councilman Ron Samuelson if these animals are not adopted are they destroyed well yes sir what's the cost to destroy it in it varies on size because the euthanasia solution is based on weight but the average and it's going to run you veterinarians will charge you 40 dollars bare minimum to euthanize them and if it's a larger animal costs more with it and then do we have to pay additional fees for them to dispose of the carpets no sir we actually are required by law to be certified to euthanize an air filter so be myself and all the employees at our department are certified you tonight we do that ourselves but we still have to purchase the euthanasia solution needles syringes of course there's a safety issue and whenever we're going an aggressive animals and truthfully it's emotionally strength on your employees this amendment requires that these fees be imposed on people who want to adopt an animal it requires that their reimbursements for services that we have already provided for these animals and walking out of the door already sterilizing back see if they have already complied with the state's minimum requirements for docking the animal third facility such as ours but there is an additional we haven't mention that but there is an additional ten dollar so she I was asked how much it would cost I said 60 to 65 70 dollars what I didn't tell you there's an additional ten dollars five dollars for a microchip and five dollars for the registration of that microchip ok but so fine understand you correctly if I wanted to go into your shelter and adopt an animal i couldn't do so without paying these fees all right under any circumstances the only exception of that would be inhalable that is too young for sterilization and if they're not at least two pounds in a way we can't sterilize their we won't sterilize because of health considerations in that case we would do a contract and they would agree just as we've been doing all along you have the animal sterilizing brings back to proof of them then he's going to cost them you know at the demesne society just for rabies just for the sterilization dollars councilman Carl sir I think you just answered my question thank you city ordinance states $75 is the it says an adoption fee of no less than $75 so that's the very minimum that we're going to charge somebody and then you may have other charges for vaccination microchip and so forth yes sir right $75 providing animals not in pewter pregnant that $75 recover the sterilization of the animal vaccination of rabies the microchipping and registration of a microchip okay but it says an induction for you have no less than $75 is there a maximum charge no sir the reason i stated it that way is because as you know costs go up and five years ago Eden lost fifty dollars to sterilize your animal through humane society but because of rising cost of living you know the price of sterilization has gone up so I'm saying at this point no less than 70 fine because that's what it would cost to do these services but in the future as the cost of the chip would cost of the sterilization would go up we may have to admit our adoption fee okay but there's no maximum maximum ceiling price right now meep it cost you four hundred dollars to walk out of the army and therapist other problems correct yes sir our the veneering that we have utilized as not charge any more than seven dollars to sterilize any okay thank you sir council person Sanborn Sarah I just have a couple questions the only animals that are going to be sterilized are those that are being adopted correct you're so if i came in and saturday or sunday and picked out an animal you would say you need you can pick the animal up on wednesday or thursday something like that right and it works right now and we have a veterinarian it will come Friday's so the animal would go home on Tuesdays which we're closed on sunday and mondays to the public so the sterilization is done on many they come in on first day of business which is tuesday and pick me and one such as already done the same thing with the friday surgeries be a doctor we come in and do the surgery on friday the owner cook or the new owner would come in on saturday let me mention to you that we don't ask for any money prior to that animal completing the sterilization in the ratings because as long as it's our animal if there are complications in the surgery there can be and we don't want an owner come back saying you killed my admin so until that sterilization is done it is not their animal is still property and city weekly okay but there will be no animal sterilized unless they're going to be adopted correct rate we won't be paying for that correct and there will be no vouchers with this particular with this particular veterinarian to where you take the animal you get a voucher you take your dog to that particular advanced clinic and get sterilized no ma'am this is a veterinarian as will incoming this car facilities and do it at our facilities I'm taking three shelter dogs and I've gotten vouchers on two of them but you know this is this is a good idea to a quick question on microchips do we offer that service to the public we don't I would like to but don't I don't know if y'all are familiar with microchip that misses the microchip and this is how do you insert it it's all packaged it's just a scruffy neck and stick the needle in and the microchip is no bigger than a piece of rice and you run a scanner / pops up remember we call the company and we have the owner well I would certainly love for maybe once or twice a year for us to bring attention to our great animal show for that we have in league city maybe to be able to offer that if it's something that you would think about I like any council through but the microchip in any animal that comes into our facility that means it's been out running in our neighborhood and my job is to identify other he'll make them responsible for their animal well okay we can't then on the next Thank Luckett in love with you everywhere you go don't go to my car Thank You counsel involved just a quick question yeah bring us some good points and I think there's good information that a lot of people in the city would love to hear since I don't have cable and I never really get to watch channel 16 and I don't have any idea what the content isn't it would be possible if we could run some occasional spots for giving them a chance to inform the public of such thing you vacuum all dog right okay thank you that's a great idea hi councilman Sanders do we presently do you accept any funds from people who want to these expenses back when they adopt an animal we will never turn down the donation so if someone wants to come and adopt an animal now they can do so and you can tell them we spent sixty five dollars on this animal if you'd like to make a donation and they can do that presently it is how we've been working with simply ask the public to reimburse for services that we have already rendered because I have not gotten permission from councils who charged option p do you know what percentage of people actually make a donation to help offset the cost we haven't had anybody tonight we've had no one say I'm not going to reimburse you so every single person who comes in an adoption animal has made some type of financial contribution yes sir what we'd used to reimburse the veterinary okay do you expect that if we enact this ordinance that requires not less than $75 to adopt an animal that that's going to reduce the number of people who actually come in and adopt an animal to be honest it may buy a short by small percentage that on the other hand the small percentage that would not want to pay would also be the same percentage that probably would not do it if we put the end well just a contract and no money that's changed now we've got to go through the process of writing citation put injury for system and there's additional costs later thanked us assemble if I could maybe clarify something I think what you're asking is if a citizen wanted to donate money to specifically go to the adoption would we make that available so what you're asking where people donate to the shelter now that it goes through various activities not necessarily towards the adoption but are you asking could we set aside these funds specifically for those who want to adopt and maybe don't have the money if I take my little boys to the shelter and they want to adopt a puppy and right now we're not making me pay any money to take that puppy but I say well you've spent sixty dollars on on this animal and I'd like to make a donation or you telling me that money does not go to the shelter oh no it does it does go to the shelter if you come in and you electro dr. dan from us and we're already having and sterilizing back to me the photos out the door and we're simply going to reimburse will pay the vet Miriam our donation funds that's how we've been working so far and then we're simply going to put that money back into our donations okay that sounds like I'm hearing two different things since I just want to be clear you're saying if I make that donation when I adopt a puppy that you're getting the money and it's going right back to reimburse funds that you spent on the animal but it sounds like she free to say no that's not I'm agreeing with her but I'm asking was your question if a citizen wanted to donate money specifically go towards the donation of animals are the adoption of animals I was asking if that was what you were asking that's what happens right now make the government let me clarify we have had some people come in and want to sponsor an animal they don't want to dot the animal themselves but they want to ensure that if somebody wants to come in and dock the animal that it will be sterilized and vaccinated and they will sponsor that animal that money goes into a donations fun and when that animal comes up for adoption we simply have a sterilizer vaccinated and takes an animal home his sponsor okay hypothetically speaking I bring my little boys in and we want to get this puppy and I have forty-eight dollars about saved but I don't have 75 right now if we enact this ordinance I'm turned away and I can't adopt the animal because i don't have $75 yeah yes sir never basically be it that I'm going to kitty you that an animal is responsibility that costs money I couldn't agree more i have several $75 is a very minimal fee for what we're providing if they cannot afford the $75 turn them away we're still be going to do in various games and look at your situation and perhaps the magazine or I'm better than that theme knows that $75 is the same regardless of whether it's a kitten or a Labrador correct okay thank you emotional rhetoric Backhouse maintaining to approve second by Councilman Jim Nelson there's no further debating this issue please vote for where it is councilman barber comes King Jim mouse and Ted Nelson for the sample and oppose customer perception motion passes before joint executive session we have a supplemental that I skipped over 10 g consider take action on approval the funds to utilize the same program caption file a motion to produce a second 5000m else inside his mouth today nine passes and bottom 73 carbon on 13 council member tom s health looking sorry going at the executive session mr. piperidine you know this this public transit test form of transportation is having a public hearing on the widening of 646 from 545 to highway 1 36 and it's going to be in digits that has school and I'm not sure it done more of elementary junior you know what are the dangers between 24 and 25th I really thought that since this has that information there and i know i just want to make sure you get set up a rather fish it up and know there are many comments i have is unpacked I'm struggling with our our staffing as far as I to see mr. Pinto we paid see mr. pike believe mr. Piper was probably a better situation because he's leaving first and then we go until chaplains and then we combine everything on shut all that who I'm christening more but you know I'm really struggling on and i'm not sure where we're going with the city I don't see plans for Baltimore Museum I see us discussing proving salaries but no but but maybe not approving salaries but we don't have a plan for we have a building out there are we going to put money into it or not we're going to happen it's a city building so no matter what goes on out there we're still going to have to maintain it still needs a new roof still needs some work on the outside we're losing our city administrator for losing our city deputy City Administrator we're considering moving employees around i also see that other city employees that may be leaving and what's kind of interesting is in we in its own give very much credence to warmers now I did hear some time back that Chuck may be leaving because it was lonely through I heard officially chuckles leader I hope this may be leaving along with dwarf this we would Chris was leaving and I'm just trying to figure out what is the plan for the city what are we doing as a council to make sure that we have a plan for this city it's going to be very disruptive that we're losing so many important people I do it father the mayor on sounds like we're going to be getting a new director Public Works have an early thing official are probably hired a director of finance and that was confirmed earlier i guess but i don't hear it ever from from the mayor and i think we need to be better informed as a council what's going on and when i read in the newspaper that you know certain people are informed and other people are not informed it could I'm counselor disturbs me because we're all elected on citizens uphill council or always possible to those same citizens they're asking me questions that I'm having to say I don't know what's going on because I'm not being told and I think we need to get through our goals workshop I don't know if when we're going to be able to do that but I hope those are some of the things that we can come to an agreement on in that workshop thank you Mary Thank You counsel example to follow up on the meeting that council McKinney was talking about the texas department of transportation is who's holding this meeting I was wrong on the day those are too many workshops we have but it says they will be home to discuss the proposal to expand FM 646 from a two hundred way to inform my way with a raised medium and designated turning base the project length is approximately six point nine miles and it's going to be a young lord middle school wilkinson that's on twenty-third Street and it's thirsty September the seventh from six to eight and then they're there early to take any questions they say I just want to say how much I appreciate our city employees and that's all employees in in the department have found from living here for 24 years that I've always had outstanding service with any department in a utility that I've ever dealt with and makes any and then being on the council I truly see their dedication their commitment and the love for the sea and the work they do and I just can't thank you enough for those that do work city for what you do we do sincerely appreciate it and we want you to know that last thing is school starts day after tomorrow that's thursday when a reminder the value to please leave early and watch for the speed limit particularly school zones and we hope everybody is ready to go back to school I know some of the parents are that I hope the children are we look for the senior Thursday thank you I think I'll comparison Thank You mr. mayor yes as mr. Keeney say the lots of changes going on in the city by no doubt or by no means are we going down in flames we have a lot of change going on lots of exciting things going on on the southwest side all the changes that are being made i blogged America being one step up to the plate and and take on the challenge when we have so many changes going on and it is our city staff that holds things together when we do have channel to announce I agree with Miss Sanborn on that although we haven't gotten together on our goal setting the workshop I overall talking to ourselves about what we want to do with things like the museum what we want to do with some of the issues that are going on with with city staff but things are are looking forward I'm very very excited with low around right now we've been having some great meetings budget meetings and things like I'm very encouraged to see us working together on some items so thank you thank you calvin nelson no comment there back in Jim Nelson I like to think nice to see the places aren't there so our staff thank you very much for being here appreciate your hard work I have one piece of information about the Bible and pass along actually this reduces the leading book club would be at the library on Monday August fourteenth at seven p.m. to discuss lab lasting valor by Vernon Baker the nonfiction book club will meet at the library on Saturday August 19 23 p.m. to discuss myths lies and downright stupidity by john stossel I read that book by the last photo book and finally the new history Club will hold an organizational meeting after library on a Tuesday Congress 27-7 22nd at seven pm everyone is invited to attend any or the events and please use our library is great Thank You captain back wall thickness Mac yeah I wasn't actually going to have any colors for tonight so but I taking picture at this I'll try to keep it brief then combines attention to some specific things that were brought up earlier not the person who said them because I think that this point is irrelevant but the statement that all they're blowing can go to one person until they later than the next one and a recess is is this his the city has had a long history of an assignment of Brian the often we do elected officials do it to other elected officials because it basically remains of the strangers the bars whatever that happens in mass politics and it's not necessarily dipping but I challenged everybody in this room right now about this any time we put an assignment of blame on the in abundance staff in these chambers we should think better of it when we have positions that don't get feel for a long time there are a lot of reasons probably the number one thing is where we are sea of instability of times and we'll be off our staff that unit I'm just going to call for a truce that I can behave I don't think that that was time but what happens here eventually increase our awareness today if you have some issues let's go through the right channels in the right way and chances are that the food without any with so that's always saying that I promised I'd keep it i would like to remind everyone that the least city proud committee which is the committee that serves for the holiday in the park festival or they put on holiday in the park festival in the first weekend of december we are meeting at this time we are asking for donations and volunteers so i welcome you to work on the website holidaying in the park org if you would like to volunteer and move forward the parade is coming again we hope this year that we will have a city ordinance in place that we will show candy I want to make that statement your honor this year looking forward to the holidays and so forth on a better note again I appreciate mr. Barbara's comments and also mr. nel tired mr. kinis comments in regards so a lot of things there is a communication problem up there and that is both ways so I would like to see if the communication kept at it from the mayor to the council council to the mayor and maybe that might strengthen so many problems up there we yeah but with that thank you for coming in thank you like to trade item number 39 14 there's comments in the court first of all gone I would like to ask you to take some seconds possibility of getting with Sarah for the channel 16 issue homely pet adoption and to schedule through her and go to a secretary and you'll make sure that we get something very representative for the pound also since we got so much interest down if you also go ahead and run the meeting place and time when 646 as a slide and channel 16 if you could get better tomorrow think that obviously be helpful I've got a long history with Chris factor I'm extremely upset that Chris's earlier but I've known for a year and a half that he was talking to these folks as I you know a time and good personnel I can never do anything wish people good work when they have an opportunity to better themselves and now I will never change them now equally upset that chef Enzo is is going back to his hometown the Seabrooke just a clear up a few things I have service before I want you to hear it from me I wish Chuck control over the best part lands that I would point that pencil when I was erected and I did just that having had the opportunity to open that individual for the past 10 or 11 months has made me a much better person and a much better mayor and I'm extremely grateful and thankful for the time he has spent mentoring and Heath you will be allowed to that end I start an email the very night that shot taken the list there were some issues there were some confidentiality issues I sent the email within 15 minutes of getting off the phone with the Houston Chronicle I copied 86 business community leaders aside from my counsel or get your counsel and then I'll take up the phone and Carl many of the council admittedly I did not tell them off and I called autumn about every other day only can I do this without crossing the line of the Open Meetings Act ironically well let's just say I caught up to a bunch of the council i am going to fail that things are rosy in Lake City it just never rains on us i'm here to tell you that we run into an executive session and as as as upsetting as it is to lose talent like without losing it is more upsetting to see people waiting in the rain given the opportunity and I'm extremely excited about the executive session in the path that link city is going to take because with this council and this staff which I rate I've accolades that we can't do anything the kiss continued to shoot for the stars we've got a wonderful staff and with the continued support of me in this council we're only going to get better we have in fact made an offer to the finance director we haven't activated an offer to the public works director and we've done a lot of work with the budget and showing them that this is a good sound physically fun fun fun place to work and that's just not going to change with that that concludes the marinara's Ivan's 15 items after that had electronic agenda none executive session 16 the city of leeds city the city council will now executive session pursuant to search after diavel meetings I have suction power 51 at our government code on this eighth day of august two thousand six at 754 for yet another sistahs openings as disturbance an agreement or payment of a mobile to work and on city administration 5107 for government go to the state's this chapter does not require government vice meeting we willing to deliberate the employment employment evaluation reassignment duties discipline or dismissal of a public officer or employee or number two your complaint or charge against an officer awards you {00:00:20}	INDEPENDENT
7	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	yoxbFoeGQTA	League City Council Meeting for September 26, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	59.466667	2011-04-25	0	2006-09-26	{00:00:17} six we have a pub someone say hold on nope okay we left off on item number 10 a consider and take action on a resolution authorizing the reallocation of existing capital project funds between previously approved capital improvement projects second councilman Mike Barbour made the motion to approve seconded by Councilman Jim Nelson this item is open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item 10b consider take action on an ordinance amending ordinance number 200 to dash for to amending chapter 11 4 of the code of ordinance of the city of League City entitled utilities regarding applications for services fees and rates for multiple unit accounts additional service charges non-payment of charges right off meter tampering and after our P's move to approve councillor tones has made the motion to approve councilman jim nelson has seconded that motion it is now open for debate somebody's locked out keep the speculation with no debate with no further debate on that please vote for is unanimous with Councilman Ted Nelson still out of the room and back in now for the next vote item number 10 C consider take action on directing staff to develop a concise infrastructure plan related to the southwest wastewater treatment plant Calvin counseling team has made the motion to approve all second Councilman Jim Nelson has second to that motion is now open for debate councilman kina o Mary the reason I put the song the agenda was less than 30 days after council approved the three puds out on the southwest side of town an item came before City Council that required us to authorize i think it was around a million dollars for design and engineering pays for the southwest side treatment plant and during most of those discussions i didn't think that kennel soul was going to have to be authorizing over a million dollars within 30 days of approving those fees i thought there were there was more time available than that because of packaged plants and and other information that was presented and so what i put in this background information is and I don't I do not want and I said it when I mentioned when I was voting for these three putts that I don't want the city to get ahead of itself in expenditures on that side and what I was looking for is when do we have to start expending money and what's the schedule of spending that money what's it based on i mentioned certain certain things i know we've got the Blackhawk plant that's we need to get out of that contracts we can start treating our own waste countryside's getting close to maxing out however it can remain at one hundred percent for a while just so we do not we do not go over that amount we specify we're not going over that amount there's build-out build out how many houses are we going to be building and when do those come online the package plant how long can we go with a package plant I just I want to see a schedule + schedule is not a time base on a calendar basis it's it's on when it's why what triggers are needing to spend money eventually we will need a southwest side wastewater treatment plant when do we need it and why do we need it at that particular time and that way as things change as the housing industry may change we can come back in and readjust these schedules and I also think that this plan would were planning on getting a city project in manager I think the goal of has been mentioned over and over again we're not going to do anything I've heard until a major until we get a project manager this is something major over a million dollars that was just in the design of it so if staff has any questions of what we're what I'm looking for I'm certainly willing to answer those questions at this time and as well as other council members Thank You councilman barber actually really I wanted three questions one of them was to find out then you basically hit on it the staff understand what this directive is completely without question number two do we have a point person that we know that will assign us two and number three where are we at in terms of getting a project manager and realizing that we're pretty new here some of the faces too okay yes we understand what the what the direction is the intent is to take the 10 year wastewater management plan the long-range plan and modify and adjust that based on the construction that is currently ongoing what is planned and what will be happening will melt that down to a five-year plan that can be really dynamic based on the changes in the construction plans and how the developers start developing on the west side who for the project manager Larry also the time frame I think was the second question well actually i just i mentioned point person but really point person / time frame because you know do you have a projected whether you think this would take in with all the respect to this is obviously not directed to you because you're new but sometimes when we do stuff like this you know then we throw other things around and then we forget where we are with some of the other things so i just want to kind of articulate who's going to be the point person in what would realistic expectation on a time frame would be and then where are we with hiring a project manager okay well the new guys the point guy and the department is working on this and we're looking at it on a daily basis it's it's not something that's on the backburner it sits right up in front the wastewater management superintendent he and I talked about this for the three weeks I've been here it's very very high on the hit parade project manager I've asked engineering to to take a look at the position description probably very shortly we will be pulling the requisition off rewrite the PD and then reissue that for a fairly quick publication and selection of the project manager it needs to be done but I want us to be able to have somebody who has experience who has training some professional training is a project manager and I don't want us to just have to try and grow somebody now that's good for us in five years we need somebody right now and I think you just to help you out there I think the council have readjusted that salary recently and and also I am looking at possibly forming a very small community task force there's one put together for 96 and when you when you put that type of collective brainpower to work from the community it you know to help you guys out I would leave the the hiring of the project manager obviously with your input but leave that up to Chris and enjoy and I don't know i don't i don't know where we're all in that either but i don't know if that would be some joy would answer or Chris or okay good enough and wells get enough made with Councilman Barbara's doctor but this we're just a quick i was thinking about something else and i made mr. you you did say we increase the salary of oil I thought was it that the position is you know I just wanna make sure that's what you said at shirt that is what you said but and then the other thing is the reason I'm asking all this and I'm very glad to hear that is just to make sure that the public understands that in part of the public is our fellow stakeholders in the three pads on the southwest side you know they're calling it and because some of the actions that we took with concerns we have about that the potential award which we did not do we don't want to be stalling and causing problems and what we all agreed was a wonderful thing for a city so I want to communicate that clearly and make sure everybody knows that this is not you know that we're not trying to take our time and just to whenever it gets done this is an obviously priori and I appreciate your work and attention that you just described its councilman's had Nelson and this would be another great opportunity for something for us to workshop this might even be something we need to work shop quarterly just to talk about the progress of this project this is going to be a 75 to 80 maybe is expenses go up 90 million dollar project when you look at our wastewater citywide I just think it's important as a council if we're going to spend you know basically one and a half times or yearly budget that we really stay on this and I would again I want to reiterate how important that workshops are especially when we're we're signing bonds for this this substantial amount of money and it's obviously this is something we've proven on projects of just 20 million dollars ie the baseball park we can let we can let some things get away from us if we don't watch them real closely and and you know that's happened on some watches before it's not going to happen on my watch unless you know it's just something that that just wasn't told to me so I think I talked for a couple the other newer council people we're not going to let that kind of stuff happening you know we're glad you're here to help us on that one I think you won't believe me we're not going to let it happen for my earlier experiences on this one this one's too vital and it's not going to stop with the construction there's improvements in order to to keep up with the growth of the city perfect thank you as well I have your will Thank You counsel makini yeah the only other comments is I don't want to attend every meeting that y'all have as a staff to do this but I would like to participate in some of the more fundamental meanings and the more kind of milestone meetings that may be set up as far as developing this plan so please keep me informed of when those meetings will be because I you know I put it on the agenda I am a mechanical engineer at project management training and experience and so I kind of like to see what's going on and and just making sure it's it's fits with what I thought if I was intending to get and that way it's I think it calls with questions that towards the end okay I'll make sure you're all aware when the meetings are and with Chris's permission well what would write you in there yeah we may have to post it if we're hopefully if it gets to be submit to alcohol yes sir an emotional floor is by council makini to approve seconded by Councilman Jim Nelson but no further debate please vote for izz councilman barber cones kini Jim Nelson Chris Anderson and Phyllis anvil and pose councilman Ted Nelson motion passes and now move to item 10 d consider and take action directing staff to review and if necessary provides the policy regarding reserves of a general fund marimekko motion to approve councilman kinis made a motion to approve I'll second councilman jim nelson has seconded that motion is now open for debate counseling keen I'm arrogant I put this on the agenda because at our recent budget workshops we indicated that that there's a 90-day operating reserves and that covers salary and those type of expenses and then there was possibly up to four million dollars left over after that as far as excess reserves and you know just you know my map may not be exactly correct but i think you know if we just said you know what the 90 days covers that and we don't need any more reserves and i know that's not true mr. powers that was that's not that we don't need any more reserves but if you just took that four million dollars and said you know that our current tax rate of three hundred seventy thousand dollars for penny or whatever it is that's almost a 10-cent reduction and tax right now that would be like from 60 point or 60.6 08 8.50 88 and and and I know that we need some more besides that but also you know we may have there's items all the time that come up that we have to pay for that we didn't probably have budgeted I know tonight was one where we discussed the utilities over on for the 2094 i'm not sure if those actually came out of reserves or not but there are emergency things there was the wastewater treatment plant one of the motors on one of the whatever it is it circulates it recently went out that was an emergency expenditure of around I think was it ninety thousand dollars something like that so there are needs for reserves not only that but if we have a hurricane you know that what I was looking for in here was you know beyond that 90 days what is a reasonable number for the size city do we want to have I recently read in the paper where galveston was concerned about their reserves policy because of hurricanes some were concerned that they didn't have enough some working some work felt that they maybe had too much but it would be something that we'd probably have to probably staff would have to get together with probably our emergency management coordinator and said okay hey if we had something like the recent event well that was last summer or last september's that was pretty much covered by salary savings actually we had a lot of overtime with our pd and probably our EMT and other lots of I mean there was almost so many people that participate in that beyond just the police department so there's some of that that needs to be melded in there but what I'm looking for is is if we're going to keep up to four million hours of the citizens money and excess of our policy why are we doing it and what are we what are our procedures that we're going to use to accumulate that cash councilman Todd Nelson and just briefly on this this topic this is very similar to the last topic we just discussing about the wastewater treatment silly and and I respect mr. Keeney and he works very hard he put a couple very very intelligent things up on the agenda however to throw those at the City Council and expect the City Council to adopt these at a city council meeting I think is a little bit putting the cart in front of the horse we need to workshop these issues and discuss them and find out what our options are and I'm not disagreeing with anything mr. Keeney may have said but we're trying to rush something into about seven or eight minutes and we've got a little background here but not a lot of background we probably need to sit down on these very crucial issues and have some conversation with whoever our financial guys are and see what is available why did this 4 million show up but it would it show up again in the next two years in the similar situation and answer these questions we've got seven very intelligent council people up here and I would think it would be better if we were going to direct make a directive of staff that it came from using all seven heads we've got everything from fireman mr. barber as a as a doctor I mean we've got lawyers up here we've got people that are involved with the ISD we've got some very very intelligent people up here and I just think it's just a better views of the group intelligence here if we talk about these issues in a workshop fashion and then give staff a directive rather than having just one go out there alone and give directives to staff Thank You counsel McCombs in mr. Keeney I do appreciate your place in this only agenda because it's talking about directing staff to review we're not taking any action item tonight but to review the process and bring it back before council before any action is done council will have another opportunity so I command you to having these things brought forward to least you're placing items on the agenda for discussion thank you councilman john kami well you know I've always you know I'm a business owner and I look at these issues as a business owner would look at them and you know there was a good comment and that there was one good comment that definitely i'd like to take from some of the earlier comments and that was this is not something this is similar to probably the planning presenting today was it so it's going to be a lot of information it probably shouldn't be presented as an agenda item without having workshop but what I'd like to do is for staff to propose it says review and if necessary revise the policy regarding reserves and and I would like for that after its developed for council to come back because we certainly don't want what we had tonight which was staff working fairly diligently on a revising something that council had requested them to do and then it just get denied because it's a it is a very complicated manner so on some of these major things I think we are going to have to workshop and that's the reason I'm excited to hear the enthusiasm that I've heard earlier in comments for that this council needs to be setting workshops councilman Samuelsson I think great ideas in my professional world words are everything and we are basically two legislators okay I think that'd be careful about the words that we use this item says consider to take action on directing staff review and if necessary revise the policy I think it would be better for the site review and if necessary thank you would you like to repeat that ok if anybody didn't hear me I think that we have to be careful how we weren't things right now this item says consider and take action on correcting staff to review and if necessary revise the policy I think we're safer to say that review and if necessary proposed revisions to the policy I think when we talk about in our background information the fact that the storm last summer didn't cost us any extra money my goodness we were about as lucky as can be last summer and who knows what could have happened or what kind of funds we could have needed to expand we have a according to our public safety officer that a deficient public safety building that if we took a category 4 hurricane we could lose all of our communications you know part of the reason why we didn't have problems last year's everybody left thank goodness and they didn't need to I think that before we direct staff to potentially revise the policy I agree with mr. Nelson and some of the other people that we need to to talk about these things I think they were better off to direct the staff to review the policy and proposed revisions that they think would be beneficial to the city especially paying attention to public safety to the police to you know the potential for four major storm to hit this area and losses that could be suffered by the community saw in spirit I think it's a great idea we need to look at our excess funds and figure out a way to use them to utilize tax revenues in the most efficient manner but let's not put too much burden on our staff by saying revise these if necessary it's our job to revise if necessary it's the staffs job to proposed revisions based on what all of our different departments suggest so Michigan I think it's a great idea i just would would like to see the language changed certainly may I'd like to make a motion to amend my motion to consider to direct staff to review and if necessary proposed revisions to the policy regarding reserves of the general phone segment and Councilman cones you keep your second yes and council makini let me just ring in on this and say that I absolutely agree that this is a great item and I do sit in those pre agenda meetings and I'll be more attentive that is the word that got past me otherwise I probably would have just picked up the phone and called you and asked you for that very reason I know you've been receptive to that so me and as well as the rest the staff will be a little more attentive to some of that word usage so thank you for a job well done in Council kini yeah yeah certainly when I put these items on the agenda will look at it and just because I guess because I've been on council for tuning almost two and a half years I knew that staff couldn't revise these of this policy without getting a final approval for the revision from Council so but but the putt sense of public reads these I want to make sure that you know that when they see these agenda items in the future I'll trata certainly take that into consideration Thank You the emotional force by council makini with the one name change to propose a sort of revised seconded by Councilman cones with no further debate on this please vote four is unanimous motion passes item 10 e consider and take action on planning on on planning a retreat and other future workshops there I make a motion that we make October the third on the right these dates down October third October the fourth October of the 11th October is at twelve October the 25th October the 26 November the first November to second as possible workshop days and october the 20th in october the 21st as our council retreat de mayo second that motion okay all right didn't you will repeat it then i'll repeat okay yep repeat that please october the third fourth 11-12 25th 26 november the first november the second as possible workshop days and I'll cure the 20th October of the 21st as consul retreat days mara second that motion okay and did you get that that time over October twentieth and twenty-first as council retreat days does everybody have their calendar with them that we can now counselor did you earn okay those were possible dates well these are workshop days we've set up here and we'll settle in at home we needed workshops I'm giving everybody days and made a motion these are workshop days for you fill up sir or for counsel to fill up so if we approve these days those would be days that we would have workshops were just not sure what the work shows would be absolutely get the start so y'all want to set one two three four five six seven hey you want to set eight workshops tonight we're settled eggs for possible workshops where okay and as we stated tonight there were several city agenda items that need to be discussed that after certainly gives the latitude to the city staff to look at it and move forward I say okay and so the motion was made by counsel Newcomen seconded by councilmember Keaney and just one second okay that's now open for debate councilman Barbara just I fully understand this was you mentioned or the retreat was mentioned but I don't know if those pestis it is to the day for the retreats to say October the twentieth and twenty-first because I'm not you're going pretty quickly though that's right now repeating again if anybody wants to write them down yeah why don't you get okay again I go will this lower October the third October the fourth October the eleventh October of the 12th October the 25th October 26 November the first November the second for workshops and for the council retreat October the 20th and october the 21st councilman if you want a grade math councilman unbelievable I believe my October 20th and i'm askin married to correct me if i'm wrong we had some pretty good news i don't know if now is the time to share this but our planning department recently my for and was won an award recognized by the american planning association and the specific name of it i forgot that it basically the collaborative planning that was done for the southwest putts and there is a conference that they will be having in corpus christi i believe on the 20th is it up 18 through 20 first I forgot which specific day but I remember discussing this with them and they're going to that and they actually would like some of us to show it would be a really wonderful thing so that's the only even though that was available on my spreadsheet that's the only objection I have and that is a note for our retreat especially since some of our plank people mean you know be there they'd be at the Corpus Christi I want to afford them that opportunity so but really only object to that that portion of the proposal as as well and I was going to mention that and i'll still give you your kudos during the mayor's comments but you're right councilman and there is also the clear lake area chamber of commerce awards banquet is on October 20th so would you guys like to consider we have one two three four five six seven workshops currently that i know of goals and probably goals and CIP we might try to get together for be had made a formal request for a meeting but a long war museum tonight we came up with the building fee structure workshop west side treatment plant issues and the reserves so y'all want to take this try to set a firm council date or you want to mean any date i suspect is a is a potential workshop date so we I guess the the most difficult one that has been proven is the goals because it's a two-day ER and and the consultants copy we're not we're not getting a lot of interest until the council votes that they want to have one which then we will bring back a proposal on a facilitator so verra I don't mind canceling the retreat if you want to move that up into November December January I don't have a problem with that but I think we really ought to keep the workshop since we talked about them tonight I would amend the motion to read that if you would like but I would like to keep them dates open for the for the workshops and again with you and the staff y'all will set some dates in the agenda item if council has any input and one place anything on the workshop then please do so but I think we need to get the ball rolling with them dates and looking at the calendar that everybody turned in I mean we got more than a majority of the council members on em dates so i'll be more than happy to amend my motion to take the retreat mr. combs also cut that out of that yes on the spreadsheet that I got a Thursday over 12 is one of the dates that you mentioned yeah the eleventh and twelfth yes sir I it looks to me that on the 12th or at least three people gone no there well there may be yes yes there is mr. Nelson is gone also I didn't see that so we take the 12th off but keep the 11 okay around I so and I second i know i think that oak oh do we want to just in councilman I haven't looked at this since you fired off these numbers but did you just take this with a yet with with a quorum well I mean it took took this in date something I try to pick up every day of the or at least a couple of days of the weeks since we talked about needing to have workshops and I took the majority of the the dates that we had there to move forward with most people that we have okay well I think I get the gist of the motion now which is these are possible meeting dates and you all will await the email from from staff that says this is what we're going to do and this is we're going to do any of staff and if council would like to have a workshop on a specific item then I would suggest that they get with you and suggested eight so they don't conflict with days you have workshops and with all due respect for be that we have an order here that has lined up now how I'm going to waive the golden workshop which I'm really apprehensive in doing because it's a two layer and it seems to be a roadblock so the CIP is going to be a long one for be I think we could probably not for be in vlm out in one meeting so I like the dates the 3rd to 4th the 11th the 25th 226 November first and second and then we're going to scratch october twenty we scratch that and since we've got the dates up here I think we need to address the November meeting because it is during the Clear Creek Independent School District holiday mayor I don't think we can do that but not being an agenda I be sure you tell him a council meeting yeah that's true oh okay councilman Mike Barbour i'll actually you give me my opportunity or okay that's what I bet you're done okay counseling ted nelson up some of the dates of mr. combs listed i'm not there on the worksheet but that's okay I can make the majority of them but I'd also like to suggest since we are trying to get your goal setting workshop there it looks like october six in october seven every one of the councilmen all seven of us have yes written next to our name so except my barber no I saw on the october six and seven there was the spreadsheet in the packet and there was a spreadsheet sent out precisely yeah well I changed it just because I that was they all chose personal vacations and crisp if you don't have and we got a new one who's our Oh had anything there does that mean you're interact I don't have anything i only put days when I couldn't be there Miss Mary and I think several of these are thursdays and I have a commitment to my seven-year-old Viet Cub Scouts on Thursday nights like I cannot bring dinner what that one that's okay these very brave a breath counsel and dad look at the pool dyed it doesn't look like i said the new sheet which clearly the one on our CD i'll call judge like okay i'll look at this tomorrow with a staff i guess the only remember first and second and make a suggestion mayor yes sir can we get council this week sometime to email me with their suggested workshop titles and the estimate time that they think so we can compile list because i'm concerned it may be will staff will overlook one of the items that you want workshop so if we could get counsel to email me the titles of their workshops and about how much time they think and then we'll sit and compile a list and the times we suggest and we'll put it back out to see if that fits your schedules and and plans very good Chris were you done yes okay councilman Collins oh that was it okay council makini the way on the way I understand the motion is that these are definite dates but the title of the workshops is what's not the father how's that correct that's correct okay so when we vote on this we're all agreeing that we will that if our schedule allowed us according to this we will be there and and then the name of the workshop will be determined and so I just wanted to make sure that was clear is that and since it's and there's 36 days that we've looked at here and I've made myself available all but two days during this during this period however I am concerned about the goals workshop as well and but I think sometime in November if we if we agree to this right now then the next step would be you know what let's take it down November through December and start working on our next agreement when we can all be together and this job takes a lot of planning and a lot of scheduling it and I'm certainly aware of that but mayor I'd like to get those works the goal setting which is also i guess the retreat before stamp gets too far into their budget process so i think if we take care of that sometimes I say mid-november late November that they'll still be able to incorporate our feedback so noted the obvious challenge on the goals is that it's a two day or so it turns into a Friday Saturday and we've lost people then we had some issues with our city administrators availability so we're and then of course we've got to go far enough how to get a facilitator if if that's the route we decide to go so I I think it's i absolutely agree with you it's it's paramount counseling jim nelson mayor's far as of what we're going to our workshops on that veteran set by the staff brought forth us on a vagenda with you having having input to that rather than us telling the staff what we want you know what you have on your agenda for us to discuss and to work on so that thing I think that's the wish you well thank you and I do prior to council kini amending his understanding i thought that that councilman tones' motion was that these were available dates for us to meet not that we were going to ink in a calendar you know hypothetically Barbara with him turn out a calendar tomorrow that would say untitled workshop for all of these days but let me let me clarify it later for me yes we all set up here tonight we talked about how many workshops that we want to put together I was given a little latitude to the staff into the mayor and two council members I stated these days in my motion would be available for workshops now if we want to use all of them okay I'm okay with it if we want to use two or three of them I'm okay with it but hearing what I heard tonight from previous council members that there were so many things that we need workshop i would i would think that staff would take these dates that we approved and move forward with workshops let's take care of the city business and move forward you know i think that's very clear and and i do believe that if council members have they have something they won on a workshop they ought to have a right to meet with the mayor or call the city administrator to say this is an item that i think is important in placing on the agenda and there shouldn't be in conflict with that the only thing would be is that give the courtesy to the mayor in the city administrator to make sure that we're not double booking something for the same date but I think we can cover all of them the council makini it's your second so are you clear on that are not I am clear mayor that I am seconding the motion by made by Councilman cones that specifies day specific days for workshops that council will be available at that we're all agreeing to be available at and that the title and the content of that workshop will be determined through a priority setting process based on your concerns staff concerns and counselors concerns thank you that the first is by council mccomas the second valve council makini but no further debate please vote for is unanimous motion passes thank you guys we will we will get on that post taste and get some information back to you guys very very quickly item number F from the Supplemental consider take action on the approval of a revolution consenting to the inclusion of additional land totaling sixty five point four four acres into mud district number 45 containing certain findings and providing other matters related to the subject we're moved to a fruit council McCombs has made a motion to approve councilman john kini is second to that motion and it is open for debate councilman Sanderson I went to hear more about what is I'd like to hear from mr. Boyd about why he thinks this is something that the council should approve council my name is sam boyd mayor these tracks or I think the first reason it is these were infield cracks that are sitting kind of in the middle and adjoining most of them in the middle of properties that i already own and it just makes sense to have these as part of the development it benefits the city from the standpoint of the the park fees first of all these properties will come in at the new park piece whereas as opposed to my other development in my the other properties in my mud will come in as a lower part fees that was like two years ago these will come in a thousand-dollar park feed these properties and it will probably result in around two hundred little over two hundred lives that would mean around a little in excess of two hundred thousand dollars in additional park fees to the city I think really more importantly than that is hot benefits the city councilman is that it will ensure that these properties this land will be developed in as part of a master plan highly a minute eyes subdivision that will maintain its value and that's good for the city as opposed to either not being developed or eventually if it was it would be developed as a small separate little stand loan 25 or 30 acre residential development that had no amenities and historically if you look at those as opposed to master planned communities that are highly a minute eyes they do not hold their values as well as as the other master planned communities which I'm proposing must be a part of it will additional annexation of this property into the mud results in any reduced tax burdens for the other people who are in the mud actually it will councilman it because of the lower development costs for these properties because they're in kind of that their infield tracks where I'll already have the infrastructure anyway the development cost and the cost of the infrastructure is lower compared to the normal development costs but you're creating the same value as you would in the same value in the rest of the subdivision so the net effect is is that it will help to lower the taxes for the people that are paying taxes within that mud yes sir and some of these parcels are completely surrounded by the existing mode yes sir if you look at this map that was included I believe all of you have that it shows the boundaries of the property that's already in mud 45 and then it shows where these properties sit in relation to that for an example these two properties over here to the far west it doesn't show this but these are two lakes that I own that we're not necessary to have in mud 45 but one of them is detention amenity life will actually both of them will be but we didn't need to put those in the confines of the mud but they're going to be actually this track the edge one of these tracks will be hike and bike trails be landscaped so it is surrounded by property that would be used by the subdivision thanks mr. Ward Councilman barber just to clarify I know you were holding it up there but if it would be possible to get that up on the screen because I'd like lucky you show me what point specifically to what current the mud 25 currently just and then what you're proposing to annex because that was the toughest thing for me to figure out well I'm looking at on screen out but still I didn't feel like there was a legend I mean is it the is it the hashed area that exists as a mud or is proposed as a mode and what is this I'm sorry i was looking at this would you repeat the question the hashed area I don't even know if that people can tell by looking at the screen the darker gray shaded area is is a three proposed tracks that that's supposed to be annexed into approval to be annexed into the mud and the mud is which parts of land it's it's the rest of the property that's the crosshatch are just the just the white areas what with the lighter lighter Airy okay and yeah the hatched areas are the mud right the solid gray here is are the three tracks that are being proposed to the annex is he correct or is well that is correct yes the solid areas the three solid areas this one here this one right here and this very small one here that 2.53 acre those are the ones that I'm asking you all to approve to annex and to muck 45 okay I think that preempts my next question because none of those areas are actually fronting league city park lane fronting league city park right in other words that i was looking at hashed area which was fronting league city parkway part of the property you know lake city parkway meaning highway nice yeah i was just trying to call what we named it yes correct sorry it's ok so the gray is i guess what i was going to ask you if this is all residential was there any part of a commercial but it just obviously would be all residential the parts that you work in an x in right yes thank you for that clarification counseling Todd Nelson mr. Boyd's where's the land that that was transferred to the school which which is that bloody flux this property right here that entire block 135 acres of that now not this entire blog not the blame for his heart fronting 14 acres running along league city parkway is commercial so it goes all the way to take the 14 acres off the top it goes all the way back in the break of the land it goes all the way back to not fight back here there's another 11-acre strip of land that's about 200 feet wide and the full width of the back part of this track that I'm dedicated as a park public park to the city is that a row center road trip right sociable I see some for Boulevard but is that next one up another Road which road is that now see where i got cells from Boulevard right by you now sure go for it says come by you that is to buy you that's the water channel yes that is gum by you that's the drainage ditch that drains all this area ok and who owns that that big that look it says Rodney anti survey what is that that's whispering lakes range that's your other property yes you're okay that's what that's under a mud too though right no should know that's not a month okay why do you need a muddle knees if you don't have one on that one well you've already approved my mud we're just asking you to annex to allow us to annex this property into the mud the existing button for whispering lakes sewer was not available for years ago and it was just not it wasn't feasible to bring again again now we have it to the area oh and all these great tracks are you going to develop those are you going to sell this to somebody else to develop the great tracks yes i'll probably be developing some of them yes I don't know it is possible are you so ugly and some and the same set well that means that you want i'll probably be developing the two to the i will be developing the two to the west it's just one else here this one over here i would probably not develop that but the reason it needs to be I want it one of the reasons I wanted in the mud as I stated earlier is it's really the last piece that backs up to whispering lakes and and that way I can ensure that there's not some substandard development that backs up and d values the it is around it so it makes sense to probably have this developed by quill point right and down here where's 12 points now quail point is this property right here okay and that's when you're doing with Carol yes sir okay yeah okay thank you for explaining all that okay the motion on the floors is to approve by Councilman cone seconded by Councilman kini mayor we want to make sure the council understands on the next agenda will be bringing back an amended municipal utility agreements so that it can state those items that mr. Boyd just iterate it to the council concerning the tax rate in it it is in line with the existing mud agreement thank you okay with no further debate please vote for is unanimous motion passes I don't get good how is that not y'all okay I didn't do buckwheat ahead for our meetings of art if I could vote okay let's try that again there's no further debate please vote again you guys for is unanimous motion yeah there wants to change his okay well maybe a voice boat at the and forever brawls with us okay we cleared that up item number 11 a consider take action on the approval of an ordinance amending ordinance number 200 678 approving the governmental and proprietary fund budget for fiscal year 2005-2006 some counseling Jim Nelson's made motion to approve second seconded by Councillor Mike Barbour is now open for debate councilman barbara remembered I've got some really tough questions for you I'm just kidding I just want to say thanks for your actually don't have a question on this side we're going to miss you even though I'm excited about having an eye contact finance director you're going to miss us or you know not even what you gonna do here I don't answer that I don't forget you handle hash training video soon you can watch the mediums not over i'll talk to you okay councilman kini yeah actually mayor I'd also like to thank mr. powers first time here I think he's been very knowledgeable is very forthright he's presented for for the most part very good options and advice to this council and I certainly appreciate that given this a minute here that we're doing what is the after this amendment what is our estimated reserves and dollars beyond our 90 days it would be the same these amendments are net effect zero because their grant okay so we're still looking at conservative to 2238 upon the general fund conservative conservative 22 will hire 438 possibly thank you councilman jim nelson i just wanted to thank mr. pirate also and hope that his car does continue driving on its own back and forth the league city from the pasta thank you have a safe trip home thank you the motion on the floors by Councilman Jim Nelson to approve second of that councilman Mike Barbour with no further debate please vote for is unanimous motion passes item 12 table item subject to recall none item 13 we've done item 14 the mayoral comments I only have a couple i'd like to welcome Chris Reed as our acting city administrator for his first full meeting with the reins look forward to having your presence around number two Mary chambers in our league city planning department did as councilman barbers say mentioned earlier has received an award from the american planning association the Texas Chapter and this is a current planning award for the Southwest League City corroboration that's been done on the west side of League City so this is something that's been recognized this was a state competition and I just could not be prouder of this staff and the work that you guys have done and who knows you guys and hopefully we'll all be there and corpus to to give you a standing over you when you get that mayor the luncheon is October 20th and tickets are 35 dollars a piece and let us know how many tickets we need to order in advance unless so we can make sure we have enough room at the tables for League City we want to feel the house thank you and the award one copy of it is of course free of charge and any additional copies will be a hundred dollars and I would make a joke about both of those fees coming out of the reserve that that would drag on the meeting tonight so I'm going to pass on that and this is the mayoral comment so nobody can ring in so thank goodness for that and that's it for me we now move to item number 15 items added after an electronic agenda there are none an item number 16 executive section session Texas Open Meetings Act section 5 515 07 to government code deliberations about real property discussion discuss acquisition of right away along state highway 96 league city parkway I need to have month one of them there it is which one is 5 5 10 7 25 5 10 7 to a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governmental body and negotiations with the third party we're now adjourned to executive session the City Council had just completed its executive session on this 26 day of sep tember 2006 at 90 3 p.m. city council will now reconvene an open session there's no final action decision or vote with regard to any matter considering the executive session just concluded item 17 8 consider take action on the acquisition to rot away alone state highway 96 go ahead did you want to make a motion okay like it council makini made a motion to use one of our upcoming workshops for the 96 bypass seconded by councilman Mike barbers or any discussion on this hearing none Jesus I'm sorry Jim Nelson made the second I'll check is that for the record is there any discussion on this hearing none please vote with your hands because of computers are down for is unanimous motion passes 18 no further business this meeting is adjourned you {00:00:24}	{00:00:17} six we have a pub someone say hold on nope okay we left off on item number 10 a consider and take action on a resolution authorizing the reallocation of existing capital project funds between previously approved capital improvement projects second councilman Mike Barbour made the motion to approve seconded by Councilman Jim Nelson this item is open for debate hearing none please vote for is unanimous with council and Ted Nelson out of the room item 10b consider take action on an ordinance amending ordinance number 200 to dash for to amending chapter 11 4 of the code of ordinance of the city of League City entitled utilities regarding applications for services fees and rates for multiple unit accounts additional service charges non-payment of charges right off meter tampering and after our P's move to approve councillor tones has made the motion to approve councilman jim nelson has seconded that motion it is now open for debate somebody's locked out keep the speculation with no debate with no further debate on that please vote for is unanimous with Councilman Ted Nelson still out of the room and back in now for the next vote item number 10 C consider take action on directing staff to develop a concise infrastructure plan related to the southwest wastewater treatment plant Calvin counseling team has made the motion to approve all second Councilman Jim Nelson has second to that motion is now open for debate councilman kina o Mary the reason I put the song the agenda was less than 30 days after council approved the three puds out on the southwest side of town an item came before City Council that required us to authorize i think it was around a million dollars for design and engineering pays for the southwest side treatment plant and during most of those discussions i didn't think that kennel soul was going to have to be authorizing over a million dollars within 30 days of approving those fees i thought there were there was more time available than that because of packaged plants and and other information that was presented and so what i put in this background information is and I don't I do not want and I said it when I mentioned when I was voting for these three putts that I don't want the city to get ahead of itself in expenditures on that side and what I was looking for is when do we have to start expending money and what's the schedule of spending that money what's it based on i mentioned certain certain things i know we've got the Blackhawk plant that's we need to get out of that contracts we can start treating our own waste countryside's getting close to maxing out however it can remain at one hundred percent for a while just so we do not we do not go over that amount we specify we're not going over that amount there's build-out build out how many houses are we going to be building and when do those come online the package plant how long can we go with a package plant I just I want to see a schedule + schedule is not a time base on a calendar basis it's it's on when it's why what triggers are needing to spend money eventually we will need a southwest side wastewater treatment plant when do we need it and why do we need it at that particular time and that way as things change as the housing industry may change we can come back in and readjust these schedules and I also think that this plan would were planning on getting a city project in manager I think the goal of has been mentioned over and over again we're not going to do anything I've heard until a major until we get a project manager this is something major over a million dollars that was just in the design of it so if staff has any questions of what we're what I'm looking for I'm certainly willing to answer those questions at this time and as well as other council members Thank You councilman barber actually really I wanted three questions one of them was to find out then you basically hit on it the staff understand what this directive is completely without question number two do we have a point person that we know that will assign us two and number three where are we at in terms of getting a project manager and realizing that we're pretty new here some of the faces too okay yes we understand what the what the direction is the intent is to take the 10 year wastewater management plan the long-range plan and modify and adjust that based on the construction that is currently ongoing what is planned and what will be happening will melt that down to a five-year plan that can be really dynamic based on the changes in the construction plans and how the developers start developing on the west side who for the project manager Larry also the time frame I think was the second question well actually i just i mentioned point person but really point person / time frame because you know do you have a projected whether you think this would take in with all the respect to this is obviously not directed to you because you're new but sometimes when we do stuff like this you know then we throw other things around and then we forget where we are with some of the other things so i just want to kind of articulate who's going to be the point person in what would realistic expectation on a time frame would be and then where are we with hiring a project manager okay well the new guys the point guy and the department is working on this and we're looking at it on a daily basis it's it's not something that's on the backburner it sits right up in front the wastewater management superintendent he and I talked about this for the three weeks I've been here it's very very high on the hit parade project manager I've asked engineering to to take a look at the position description probably very shortly we will be pulling the requisition off rewrite the PD and then reissue that for a fairly quick publication and selection of the project manager it needs to be done but I want us to be able to have somebody who has experience who has training some professional training is a project manager and I don't want us to just have to try and grow somebody now that's good for us in five years we need somebody right now and I think you just to help you out there I think the council have readjusted that salary recently and and also I am looking at possibly forming a very small community task force there's one put together for 96 and when you when you put that type of collective brainpower to work from the community it you know to help you guys out I would leave the the hiring of the project manager obviously with your input but leave that up to Chris and enjoy and I don't know i don't i don't know where we're all in that either but i don't know if that would be some joy would answer or Chris or okay good enough and wells get enough made with Councilman Barbara's doctor but this we're just a quick i was thinking about something else and i made mr. you you did say we increase the salary of oil I thought was it that the position is you know I just wanna make sure that's what you said at shirt that is what you said but and then the other thing is the reason I'm asking all this and I'm very glad to hear that is just to make sure that the public understands that in part of the public is our fellow stakeholders in the three pads on the southwest side you know they're calling it and because some of the actions that we took with concerns we have about that the potential award which we did not do we don't want to be stalling and causing problems and what we all agreed was a wonderful thing for a city so I want to communicate that clearly and make sure everybody knows that this is not you know that we're not trying to take our time and just to whenever it gets done this is an obviously priori and I appreciate your work and attention that you just described its councilman's had Nelson and this would be another great opportunity for something for us to workshop this might even be something we need to work shop quarterly just to talk about the progress of this project this is going to be a 75 to 80 maybe is expenses go up 90 million dollar project when you look at our wastewater citywide I just think it's important as a council if we're going to spend you know basically one and a half times or yearly budget that we really stay on this and I would again I want to reiterate how important that workshops are especially when we're we're signing bonds for this this substantial amount of money and it's obviously this is something we've proven on projects of just 20 million dollars ie the baseball park we can let we can let some things get away from us if we don't watch them real closely and and you know that's happened on some watches before it's not going to happen on my watch unless you know it's just something that that just wasn't told to me so I think I talked for a couple the other newer council people we're not going to let that kind of stuff happening you know we're glad you're here to help us on that one I think you won't believe me we're not going to let it happen for my earlier experiences on this one this one's too vital and it's not going to stop with the construction there's improvements in order to to keep up with the growth of the city perfect thank you as well I have your will Thank You counsel makini yeah the only other comments is I don't want to attend every meeting that y'all have as a staff to do this but I would like to participate in some of the more fundamental meanings and the more kind of milestone meetings that may be set up as far as developing this plan so please keep me informed of when those meetings will be because I you know I put it on the agenda I am a mechanical engineer at project management training and experience and so I kind of like to see what's going on and and just making sure it's it's fits with what I thought if I was intending to get and that way it's I think it calls with questions that towards the end okay I'll make sure you're all aware when the meetings are and with Chris's permission well what would write you in there yeah we may have to post it if we're hopefully if it gets to be submit to alcohol yes sir an emotional floor is by council makini to approve seconded by Councilman Jim Nelson but no further debate please vote for izz councilman barber cones kini Jim Nelson Chris Anderson and Phyllis anvil and pose councilman Ted Nelson motion passes and now move to item 10 d consider and take action directing staff to review and if necessary provides the policy regarding reserves of a general fund marimekko motion to approve councilman kinis made a motion to approve I'll second councilman jim nelson has seconded that motion is now open for debate counseling keen I'm arrogant I put this on the agenda because at our recent budget workshops we indicated that that there's a 90-day operating reserves and that covers salary and those type of expenses and then there was possibly up to four million dollars left over after that as far as excess reserves and you know just you know my map may not be exactly correct but i think you know if we just said you know what the 90 days covers that and we don't need any more reserves and i know that's not true mr. powers that was that's not that we don't need any more reserves but if you just took that four million dollars and said you know that our current tax rate of three hundred seventy thousand dollars for penny or whatever it is that's almost a 10-cent reduction and tax right now that would be like from 60 point or 60.6 08 8.50 88 and and and I know that we need some more besides that but also you know we may have there's items all the time that come up that we have to pay for that we didn't probably have budgeted I know tonight was one where we discussed the utilities over on for the 2094 i'm not sure if those actually came out of reserves or not but there are emergency things there was the wastewater treatment plant one of the motors on one of the whatever it is it circulates it recently went out that was an emergency expenditure of around I think was it ninety thousand dollars something like that so there are needs for reserves not only that but if we have a hurricane you know that what I was looking for in here was you know beyond that 90 days what is a reasonable number for the size city do we want to have I recently read in the paper where galveston was concerned about their reserves policy because of hurricanes some were concerned that they didn't have enough some working some work felt that they maybe had too much but it would be something that we'd probably have to probably staff would have to get together with probably our emergency management coordinator and said okay hey if we had something like the recent event well that was last summer or last september's that was pretty much covered by salary savings actually we had a lot of overtime with our pd and probably our EMT and other lots of I mean there was almost so many people that participate in that beyond just the police department so there's some of that that needs to be melded in there but what I'm looking for is is if we're going to keep up to four million hours of the citizens money and excess of our policy why are we doing it and what are we what are our procedures that we're going to use to accumulate that cash councilman Todd Nelson and just briefly on this this topic this is very similar to the last topic we just discussing about the wastewater treatment silly and and I respect mr. Keeney and he works very hard he put a couple very very intelligent things up on the agenda however to throw those at the City Council and expect the City Council to adopt these at a city council meeting I think is a little bit putting the cart in front of the horse we need to workshop these issues and discuss them and find out what our options are and I'm not disagreeing with anything mr. Keeney may have said but we're trying to rush something into about seven or eight minutes and we've got a little background here but not a lot of background we probably need to sit down on these very crucial issues and have some conversation with whoever our financial guys are and see what is available why did this 4 million show up but it would it show up again in the next two years in the similar situation and answer these questions we've got seven very intelligent council people up here and I would think it would be better if we were going to direct make a directive of staff that it came from using all seven heads we've got everything from fireman mr. barber as a as a doctor I mean we've got lawyers up here we've got people that are involved with the ISD we've got some very very intelligent people up here and I just think it's just a better views of the group intelligence here if we talk about these issues in a workshop fashion and then give staff a directive rather than having just one go out there alone and give directives to staff Thank You counsel McCombs in mr. Keeney I do appreciate your place in this only agenda because it's talking about directing staff to review we're not taking any action item tonight but to review the process and bring it back before council before any action is done council will have another opportunity so I command you to having these things brought forward to least you're placing items on the agenda for discussion thank you councilman john kami well you know I've always you know I'm a business owner and I look at these issues as a business owner would look at them and you know there was a good comment and that there was one good comment that definitely i'd like to take from some of the earlier comments and that was this is not something this is similar to probably the planning presenting today was it so it's going to be a lot of information it probably shouldn't be presented as an agenda item without having workshop but what I'd like to do is for staff to propose it says review and if necessary revise the policy regarding reserves and and I would like for that after its developed for council to come back because we certainly don't want what we had tonight which was staff working fairly diligently on a revising something that council had requested them to do and then it just get denied because it's a it is a very complicated manner so on some of these major things I think we are going to have to workshop and that's the reason I'm excited to hear the enthusiasm that I've heard earlier in comments for that this council needs to be setting workshops councilman Samuelsson I think great ideas in my professional world words are everything and we are basically two legislators okay I think that'd be careful about the words that we use this item says consider to take action on directing staff review and if necessary revise the policy I think it would be better for the site review and if necessary thank you would you like to repeat that ok if anybody didn't hear me I think that we have to be careful how we weren't things right now this item says consider and take action on correcting staff to review and if necessary revise the policy I think we're safer to say that review and if necessary proposed revisions to the policy I think when we talk about in our background information the fact that the storm last summer didn't cost us any extra money my goodness we were about as lucky as can be last summer and who knows what could have happened or what kind of funds we could have needed to expand we have a according to our public safety officer that a deficient public safety building that if we took a category 4 hurricane we could lose all of our communications you know part of the reason why we didn't have problems last year's everybody left thank goodness and they didn't need to I think that before we direct staff to potentially revise the policy I agree with mr. Nelson and some of the other people that we need to to talk about these things I think they were better off to direct the staff to review the policy and proposed revisions that they think would be beneficial to the city especially paying attention to public safety to the police to you know the potential for four major storm to hit this area and losses that could be suffered by the community saw in spirit I think it's a great idea we need to look at our excess funds and figure out a way to use them to utilize tax revenues in the most efficient manner but let's not put too much burden on our staff by saying revise these if necessary it's our job to revise if necessary it's the staffs job to proposed revisions based on what all of our different departments suggest so Michigan I think it's a great idea i just would would like to see the language changed certainly may I'd like to make a motion to amend my motion to consider to direct staff to review and if necessary proposed revisions to the policy regarding reserves of the general phone segment and Councilman cones you keep your second yes and council makini let me just ring in on this and say that I absolutely agree that this is a great item and I do sit in those pre agenda meetings and I'll be more attentive that is the word that got past me otherwise I probably would have just picked up the phone and called you and asked you for that very reason I know you've been receptive to that so me and as well as the rest the staff will be a little more attentive to some of that word usage so thank you for a job well done in Council kini yeah yeah certainly when I put these items on the agenda will look at it and just because I guess because I've been on council for tuning almost two and a half years I knew that staff couldn't revise these of this policy without getting a final approval for the revision from Council so but but the putt sense of public reads these I want to make sure that you know that when they see these agenda items in the future I'll trata certainly take that into consideration Thank You the emotional force by council makini with the one name change to propose a sort of revised seconded by Councilman cones with no further debate on this please vote four is unanimous motion passes item 10 e consider and take action on planning on on planning a retreat and other future workshops there I make a motion that we make October the third on the right these dates down October third October the fourth October of the 11th October is at twelve October the 25th October the 26 November the first November to second as possible workshop days and october the 20th in october the 21st as our council retreat de mayo second that motion okay all right didn't you will repeat it then i'll repeat okay yep repeat that please october the third fourth 11-12 25th 26 november the first november the second as possible workshop days and I'll cure the 20th October of the 21st as consul retreat days mara second that motion okay and did you get that that time over October twentieth and twenty-first as council retreat days does everybody have their calendar with them that we can now counselor did you earn okay those were possible dates well these are workshop days we've set up here and we'll settle in at home we needed workshops I'm giving everybody days and made a motion these are workshop days for you fill up sir or for counsel to fill up so if we approve these days those would be days that we would have workshops were just not sure what the work shows would be absolutely get the start so y'all want to set one two three four five six seven hey you want to set eight workshops tonight we're settled eggs for possible workshops where okay and as we stated tonight there were several city agenda items that need to be discussed that after certainly gives the latitude to the city staff to look at it and move forward I say okay and so the motion was made by counsel Newcomen seconded by councilmember Keaney and just one second okay that's now open for debate councilman Barbara just I fully understand this was you mentioned or the retreat was mentioned but I don't know if those pestis it is to the day for the retreats to say October the twentieth and twenty-first because I'm not you're going pretty quickly though that's right now repeating again if anybody wants to write them down yeah why don't you get okay again I go will this lower October the third October the fourth October the eleventh October of the 12th October the 25th October 26 November the first November the second for workshops and for the council retreat October the 20th and october the 21st councilman if you want a grade math councilman unbelievable I believe my October 20th and i'm askin married to correct me if i'm wrong we had some pretty good news i don't know if now is the time to share this but our planning department recently my for and was won an award recognized by the american planning association and the specific name of it i forgot that it basically the collaborative planning that was done for the southwest putts and there is a conference that they will be having in corpus christi i believe on the 20th is it up 18 through 20 first I forgot which specific day but I remember discussing this with them and they're going to that and they actually would like some of us to show it would be a really wonderful thing so that's the only even though that was available on my spreadsheet that's the only objection I have and that is a note for our retreat especially since some of our plank people mean you know be there they'd be at the Corpus Christi I want to afford them that opportunity so but really only object to that that portion of the proposal as as well and I was going to mention that and i'll still give you your kudos during the mayor's comments but you're right councilman and there is also the clear lake area chamber of commerce awards banquet is on October 20th so would you guys like to consider we have one two three four five six seven workshops currently that i know of goals and probably goals and CIP we might try to get together for be had made a formal request for a meeting but a long war museum tonight we came up with the building fee structure workshop west side treatment plant issues and the reserves so y'all want to take this try to set a firm council date or you want to mean any date i suspect is a is a potential workshop date so we I guess the the most difficult one that has been proven is the goals because it's a two-day ER and and the consultants copy we're not we're not getting a lot of interest until the council votes that they want to have one which then we will bring back a proposal on a facilitator so verra I don't mind canceling the retreat if you want to move that up into November December January I don't have a problem with that but I think we really ought to keep the workshop since we talked about them tonight I would amend the motion to read that if you would like but I would like to keep them dates open for the for the workshops and again with you and the staff y'all will set some dates in the agenda item if council has any input and one place anything on the workshop then please do so but I think we need to get the ball rolling with them dates and looking at the calendar that everybody turned in I mean we got more than a majority of the council members on em dates so i'll be more than happy to amend my motion to take the retreat mr. combs also cut that out of that yes on the spreadsheet that I got a Thursday over 12 is one of the dates that you mentioned yeah the eleventh and twelfth yes sir I it looks to me that on the 12th or at least three people gone no there well there may be yes yes there is mr. Nelson is gone also I didn't see that so we take the 12th off but keep the 11 okay around I so and I second i know i think that oak oh do we want to just in councilman I haven't looked at this since you fired off these numbers but did you just take this with a yet with with a quorum well I mean it took took this in date something I try to pick up every day of the or at least a couple of days of the weeks since we talked about needing to have workshops and I took the majority of the the dates that we had there to move forward with most people that we have okay well I think I get the gist of the motion now which is these are possible meeting dates and you all will await the email from from staff that says this is what we're going to do and this is we're going to do any of staff and if council would like to have a workshop on a specific item then I would suggest that they get with you and suggested eight so they don't conflict with days you have workshops and with all due respect for be that we have an order here that has lined up now how I'm going to waive the golden workshop which I'm really apprehensive in doing because it's a two layer and it seems to be a roadblock so the CIP is going to be a long one for be I think we could probably not for be in vlm out in one meeting so I like the dates the 3rd to 4th the 11th the 25th 226 November first and second and then we're going to scratch october twenty we scratch that and since we've got the dates up here I think we need to address the November meeting because it is during the Clear Creek Independent School District holiday mayor I don't think we can do that but not being an agenda I be sure you tell him a council meeting yeah that's true oh okay councilman Mike Barbour i'll actually you give me my opportunity or okay that's what I bet you're done okay counseling ted nelson up some of the dates of mr. combs listed i'm not there on the worksheet but that's okay I can make the majority of them but I'd also like to suggest since we are trying to get your goal setting workshop there it looks like october six in october seven every one of the councilmen all seven of us have yes written next to our name so except my barber no I saw on the october six and seven there was the spreadsheet in the packet and there was a spreadsheet sent out precisely yeah well I changed it just because I that was they all chose personal vacations and crisp if you don't have and we got a new one who's our Oh had anything there does that mean you're interact I don't have anything i only put days when I couldn't be there Miss Mary and I think several of these are thursdays and I have a commitment to my seven-year-old Viet Cub Scouts on Thursday nights like I cannot bring dinner what that one that's okay these very brave a breath counsel and dad look at the pool dyed it doesn't look like i said the new sheet which clearly the one on our CD i'll call judge like okay i'll look at this tomorrow with a staff i guess the only remember first and second and make a suggestion mayor yes sir can we get council this week sometime to email me with their suggested workshop titles and the estimate time that they think so we can compile list because i'm concerned it may be will staff will overlook one of the items that you want workshop so if we could get counsel to email me the titles of their workshops and about how much time they think and then we'll sit and compile a list and the times we suggest and we'll put it back out to see if that fits your schedules and and plans very good Chris were you done yes okay councilman Collins oh that was it okay council makini the way on the way I understand the motion is that these are definite dates but the title of the workshops is what's not the father how's that correct that's correct okay so when we vote on this we're all agreeing that we will that if our schedule allowed us according to this we will be there and and then the name of the workshop will be determined and so I just wanted to make sure that was clear is that and since it's and there's 36 days that we've looked at here and I've made myself available all but two days during this during this period however I am concerned about the goals workshop as well and but I think sometime in November if we if we agree to this right now then the next step would be you know what let's take it down November through December and start working on our next agreement when we can all be together and this job takes a lot of planning and a lot of scheduling it and I'm certainly aware of that but mayor I'd like to get those works the goal setting which is also i guess the retreat before stamp gets too far into their budget process so i think if we take care of that sometimes I say mid-november late November that they'll still be able to incorporate our feedback so noted the obvious challenge on the goals is that it's a two day or so it turns into a Friday Saturday and we've lost people then we had some issues with our city administrators availability so we're and then of course we've got to go far enough how to get a facilitator if if that's the route we decide to go so I I think it's i absolutely agree with you it's it's paramount counseling jim nelson mayor's far as of what we're going to our workshops on that veteran set by the staff brought forth us on a vagenda with you having having input to that rather than us telling the staff what we want you know what you have on your agenda for us to discuss and to work on so that thing I think that's the wish you well thank you and I do prior to council kini amending his understanding i thought that that councilman tones' motion was that these were available dates for us to meet not that we were going to ink in a calendar you know hypothetically Barbara with him turn out a calendar tomorrow that would say untitled workshop for all of these days but let me let me clarify it later for me yes we all set up here tonight we talked about how many workshops that we want to put together I was given a little latitude to the staff into the mayor and two council members I stated these days in my motion would be available for workshops now if we want to use all of them okay I'm okay with it if we want to use two or three of them I'm okay with it but hearing what I heard tonight from previous council members that there were so many things that we need workshop i would i would think that staff would take these dates that we approved and move forward with workshops let's take care of the city business and move forward you know i think that's very clear and and i do believe that if council members have they have something they won on a workshop they ought to have a right to meet with the mayor or call the city administrator to say this is an item that i think is important in placing on the agenda and there shouldn't be in conflict with that the only thing would be is that give the courtesy to the mayor in the city administrator to make sure that we're not double booking something for the same date but I think we can cover all of them the council makini it's your second so are you clear on that are not I am clear mayor that I am seconding the motion by made by Councilman cones that specifies day specific days for workshops that council will be available at that we're all agreeing to be available at and that the title and the content of that workshop will be determined through a priority setting process based on your concerns staff concerns and counselors concerns thank you that the first is by council mccomas the second valve council makini but no further debate please vote for is unanimous motion passes thank you guys we will we will get on that post taste and get some information back to you guys very very quickly item number F from the Supplemental consider take action on the approval of a revolution consenting to the inclusion of additional land totaling sixty five point four four acres into mud district number 45 containing certain findings and providing other matters related to the subject we're moved to a fruit council McCombs has made a motion to approve councilman john kini is second to that motion and it is open for debate councilman Sanderson I went to hear more about what is I'd like to hear from mr. Boyd about why he thinks this is something that the council should approve council my name is sam boyd mayor these tracks or I think the first reason it is these were infield cracks that are sitting kind of in the middle and adjoining most of them in the middle of properties that i already own and it just makes sense to have these as part of the development it benefits the city from the standpoint of the the park fees first of all these properties will come in at the new park piece whereas as opposed to my other development in my the other properties in my mud will come in as a lower part fees that was like two years ago these will come in a thousand-dollar park feed these properties and it will probably result in around two hundred little over two hundred lives that would mean around a little in excess of two hundred thousand dollars in additional park fees to the city I think really more importantly than that is hot benefits the city councilman is that it will ensure that these properties this land will be developed in as part of a master plan highly a minute eyes subdivision that will maintain its value and that's good for the city as opposed to either not being developed or eventually if it was it would be developed as a small separate little stand loan 25 or 30 acre residential development that had no amenities and historically if you look at those as opposed to master planned communities that are highly a minute eyes they do not hold their values as well as as the other master planned communities which I'm proposing must be a part of it will additional annexation of this property into the mud results in any reduced tax burdens for the other people who are in the mud actually it will councilman it because of the lower development costs for these properties because they're in kind of that their infield tracks where I'll already have the infrastructure anyway the development cost and the cost of the infrastructure is lower compared to the normal development costs but you're creating the same value as you would in the same value in the rest of the subdivision so the net effect is is that it will help to lower the taxes for the people that are paying taxes within that mud yes sir and some of these parcels are completely surrounded by the existing mode yes sir if you look at this map that was included I believe all of you have that it shows the boundaries of the property that's already in mud 45 and then it shows where these properties sit in relation to that for an example these two properties over here to the far west it doesn't show this but these are two lakes that I own that we're not necessary to have in mud 45 but one of them is detention amenity life will actually both of them will be but we didn't need to put those in the confines of the mud but they're going to be actually this track the edge one of these tracks will be hike and bike trails be landscaped so it is surrounded by property that would be used by the subdivision thanks mr. Ward Councilman barber just to clarify I know you were holding it up there but if it would be possible to get that up on the screen because I'd like lucky you show me what point specifically to what current the mud 25 currently just and then what you're proposing to annex because that was the toughest thing for me to figure out well I'm looking at on screen out but still I didn't feel like there was a legend I mean is it the is it the hashed area that exists as a mud or is proposed as a mode and what is this I'm sorry i was looking at this would you repeat the question the hashed area I don't even know if that people can tell by looking at the screen the darker gray shaded area is is a three proposed tracks that that's supposed to be annexed into approval to be annexed into the mud and the mud is which parts of land it's it's the rest of the property that's the crosshatch are just the just the white areas what with the lighter lighter Airy okay and yeah the hatched areas are the mud right the solid gray here is are the three tracks that are being proposed to the annex is he correct or is well that is correct yes the solid areas the three solid areas this one here this one right here and this very small one here that 2.53 acre those are the ones that I'm asking you all to approve to annex and to muck 45 okay I think that preempts my next question because none of those areas are actually fronting league city park lane fronting league city park right in other words that i was looking at hashed area which was fronting league city parkway part of the property you know lake city parkway meaning highway nice yeah i was just trying to call what we named it yes correct sorry it's ok so the gray is i guess what i was going to ask you if this is all residential was there any part of a commercial but it just obviously would be all residential the parts that you work in an x in right yes thank you for that clarification counseling Todd Nelson mr. Boyd's where's the land that that was transferred to the school which which is that bloody flux this property right here that entire block 135 acres of that now not this entire blog not the blame for his heart fronting 14 acres running along league city parkway is commercial so it goes all the way to take the 14 acres off the top it goes all the way back in the break of the land it goes all the way back to not fight back here there's another 11-acre strip of land that's about 200 feet wide and the full width of the back part of this track that I'm dedicated as a park public park to the city is that a row center road trip right sociable I see some for Boulevard but is that next one up another Road which road is that now see where i got cells from Boulevard right by you now sure go for it says come by you that is to buy you that's the water channel yes that is gum by you that's the drainage ditch that drains all this area ok and who owns that that big that look it says Rodney anti survey what is that that's whispering lakes range that's your other property yes you're okay that's what that's under a mud too though right no should know that's not a month okay why do you need a muddle knees if you don't have one on that one well you've already approved my mud we're just asking you to annex to allow us to annex this property into the mud the existing button for whispering lakes sewer was not available for years ago and it was just not it wasn't feasible to bring again again now we have it to the area oh and all these great tracks are you going to develop those are you going to sell this to somebody else to develop the great tracks yes i'll probably be developing some of them yes I don't know it is possible are you so ugly and some and the same set well that means that you want i'll probably be developing the two to the i will be developing the two to the west it's just one else here this one over here i would probably not develop that but the reason it needs to be I want it one of the reasons I wanted in the mud as I stated earlier is it's really the last piece that backs up to whispering lakes and and that way I can ensure that there's not some substandard development that backs up and d values the it is around it so it makes sense to probably have this developed by quill point right and down here where's 12 points now quail point is this property right here okay and that's when you're doing with Carol yes sir okay yeah okay thank you for explaining all that okay the motion on the floors is to approve by Councilman cone seconded by Councilman kini mayor we want to make sure the council understands on the next agenda will be bringing back an amended municipal utility agreements so that it can state those items that mr. Boyd just iterate it to the council concerning the tax rate in it it is in line with the existing mud agreement thank you okay with no further debate please vote for is unanimous motion passes I don't get good how is that not y'all okay I didn't do buckwheat ahead for our meetings of art if I could vote okay let's try that again there's no further debate please vote again you guys for is unanimous motion yeah there wants to change his okay well maybe a voice boat at the and forever brawls with us okay we cleared that up item number 11 a consider take action on the approval of an ordinance amending ordinance number 200 678 approving the governmental and proprietary fund budget for fiscal year 2005-2006 some counseling Jim Nelson's made motion to approve second seconded by Councillor Mike Barbour is now open for debate councilman barbara remembered I've got some really tough questions for you I'm just kidding I just want to say thanks for your actually don't have a question on this side we're going to miss you even though I'm excited about having an eye contact finance director you're going to miss us or you know not even what you gonna do here I don't answer that I don't forget you handle hash training video soon you can watch the mediums not over i'll talk to you okay councilman kini yeah actually mayor I'd also like to thank mr. powers first time here I think he's been very knowledgeable is very forthright he's presented for for the most part very good options and advice to this council and I certainly appreciate that given this a minute here that we're doing what is the after this amendment what is our estimated reserves and dollars beyond our 90 days it would be the same these amendments are net effect zero because their grant okay so we're still looking at conservative to 2238 upon the general fund conservative conservative 22 will hire 438 possibly thank you councilman jim nelson i just wanted to thank mr. pirate also and hope that his car does continue driving on its own back and forth the league city from the pasta thank you have a safe trip home thank you the motion on the floors by Councilman Jim Nelson to approve second of that councilman Mike Barbour with no further debate please vote for is unanimous motion passes item 12 table item subject to recall none item 13 we've done item 14 the mayoral comments I only have a couple i'd like to welcome Chris Reed as our acting city administrator for his first full meeting with the reins look forward to having your presence around number two Mary chambers in our league city planning department did as councilman barbers say mentioned earlier has received an award from the american planning association the Texas Chapter and this is a current planning award for the Southwest League City corroboration that's been done on the west side of League City so this is something that's been recognized this was a state competition and I just could not be prouder of this staff and the work that you guys have done and who knows you guys and hopefully we'll all be there and corpus to to give you a standing over you when you get that mayor the luncheon is October 20th and tickets are 35 dollars a piece and let us know how many tickets we need to order in advance unless so we can make sure we have enough room at the tables for League City we want to feel the house thank you and the award one copy of it is of course free of charge and any additional copies will be a hundred dollars and I would make a joke about both of those fees coming out of the reserve that that would drag on the meeting tonight so I'm going to pass on that and this is the mayoral comment so nobody can ring in so thank goodness for that and that's it for me we now move to item number 15 items added after an electronic agenda there are none an item number 16 executive section session Texas Open Meetings Act section 5 515 07 to government code deliberations about real property discussion discuss acquisition of right away along state highway 96 league city parkway I need to have month one of them there it is which one is 5 5 10 7 25 5 10 7 to a governmental body may conduct a closed meeting to deliberate the purchase exchange lease or value of real property if the liberation in an open meeting would have a detrimental effect on the position of the governmental body and negotiations with the third party we're now adjourned to executive session the City Council had just completed its executive session on this 26 day of sep tember 2006 at 90 3 p.m. city council will now reconvene an open session there's no final action decision or vote with regard to any matter considering the executive session just concluded item 17 8 consider take action on the acquisition to rot away alone state highway 96 go ahead did you want to make a motion okay like it council makini made a motion to use one of our upcoming workshops for the 96 bypass seconded by councilman Mike barbers or any discussion on this hearing none Jesus I'm sorry Jim Nelson made the second I'll check is that for the record is there any discussion on this hearing none please vote with your hands because of computers are down for is unanimous motion passes 18 no further business this meeting is adjourned you {00:00:24}	INDEPENDENT
8	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	Z-tnCjY4CcQ	League City Council Meeting for August 22, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.ballotcast.net or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	90.433333	2011-04-25	1	2006-08-22	{00:00:52} this is the City Council the regularly scheduled city council meeting of the City of Leeds City regular meeting August 22nd 2006 at 6pm we all rolled in the members Gary Schultz here Ted Nelson here my barber present Tommy go up here Chris Samuelsson is at a internet his child school tonight I he asked me to mention that she wanted men is why said you would be a councilman Sanborn here John Keene eager and Santa Tennyson Lissa lose what yes that's thing and I heard and I'm here thank you figured I heard item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag invitation tonight will be by pastor ralph bryant minister of the league city church of christ and this would be a good time to put all of our phones and pagers on vibrate money in Rogers God we come before you with reverence this evening asking your blessings upon this gathering on this meeting we ask that you watch over and bless those that have been chosen to lead us in this community and we ask for courage and wisdom and in all that they do from I pray that you will help them to recognize the firm's community and servant as more than just titles but that they would recognize them as I the instrument to carry out in their in their routines here we ask that you watch over all that we do here father may our community prosper we ask that you help us to always be grateful for the place we live may we serve at your pleasure we pray in Jesus name infantrymen pledge allegiance to the United States of America and to the Republic for which it stands one nation indivisible with liberty and justice world honor that is why I pledge leads to the item number three approval of minutes we have July eighteenth budget workshop July 25th special meeting and July 25th regular meeting are there any changes to these minutes mayor yes we like to abstain from the July eighteenth meeting of his absence thank you house McCombs is going to stand firm that are there any changes to these meetings they are so approved item number for appointments proclamations presentations Awards a presentation of proclamation designating August 22nd 2006 as Peggy a sailor day and during the preparation of this I have had several staff members asked me how do I get my own day and I said well talk to Peggy and she will let you know as everybody in the in the community were recognized shortly Peggy sailor there are many reasons that we could have given Peggy this Proclamation I'm going to read the one that we ultimately landed on she was given a very prestigious national award and so in all seriousness this is this is big stuff for Peggy and leek city as well whereas Peggy a sailor is a citizen of the city of League City and a volunteer for numerous community and professional organizations including chair of the Helen hall library board and whereas Peggy a sailor has been an advocate and lay representative for the library attending meetings of the Galveston County Library System Houston area library system and legislative days in Austin to promote state funding for public libraries and whereas Peggy a sailor serves on various committees at JSC federal credit union the Texas Credit Union League National Association of federal credit unions and the credit union national association and whereas Peggy a seder serves as a legislative advocate with the Texas credit union leads force fund and an active participant in its hype the hill activities in Washington and whereas Peggy a Zeta was chosen as the National Association of federal credit unions volunteer of the year and honored for her volunteerism during the nafcu annual conference and exhibition July 12 through 15 2006 in Toronto Canada and whereas Peggy zahler serves as an exemplary mentoring spirit of volunteerism education and Leadership in our community and I'm glad I spent some time in the library to get through this myself now therefore I Jerry Schultz by virtue of the authority vested in me as the seventh mayor of the city of League City do hereby proclaim August 22nd 2006 as Peggy a sailor day in league city and witness their up he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this twenty second day of august two thousand six Peggy's every day hey okay thanks so much visual item number four be considering taking action informants to the Audit Committee I have gotten councilmember Phyllis and born in my barber to agree to serve on the Audit Committee and I thank you guys very much if we get a first and a second on that he'll move second Councilman Jim Nelson's made the motion to approve second by Councilman cones or any discussion on this okay everybody let me get this offer all right let's vote on that and for is unanimous thank you both for serving and I would like to say that I would like for you guys to consider the two moving moving possibly in the direction that Chuck Pinto had mentioned earlier where the entire council at some danger served as the whole audit committee I didn't want to do that now because if obviously if I put all seven of you on there and we might have a quorum problem if we don't get enough to show up so thank you for stepping up for that they've been only for a time about that item 4c considering take this is on the supplemental 4c consider take action on the appointment of a medical director for the City of Leeds City volunteer emergency medical services department Jeremy I'm listen the mood to approve staffs recommendation council McCombs has made a motion to approve staffs recommendation second seconded by Councilwoman Sanborn and this is now open for debate and none please vote four is unanimous motion passes item number five public hearing and action items from public hearing 5 a hope of public hearing on zoning change application z06 dash 13 handsome to rezone approximately 4.5 acres from RS f10 to RSS 20 legally described as lot 50 division d of the league city subdivision generally located south of webster street and east of louisiana avenue with the approximate address is being in the 2750 through 28 hundred block of webster street we will open this public hearing at six oh nine pm if there's anybody in the audience that would like to speak to this issue please come to the podium seeing none we will close this public hearing at six oh nine pm and move to item 5b consider take action on the ordinance amending ordinance number 2005 dash 24 to rezone approximately 4.5 acres from RS f10 to rsf 20 legally described as lot 50 division d of the league city subdivision generally located south of webster street and east of louisiana avenue with the approximate address being in the 2750 through 28 hundred block of Webster Street move to approve council McCombs has made the motion to approve again Councilman Jim Nelson a second at that motion it is now open for discussion hearing none please vote further is unanimous and ball res I think I mentioned the roll call center counsel sentencing is not here tonight so we won't we won't go over that again item 5c pair the public hearing on zoning changes application z06 dash one for cats to rezone approximately 10.1 acres from neighborhood commercial to RM f 1.22 and our EMF point 12 to mix commercial use legally described as the west part of wat 28th division c of the lead city subdivision m Muldoon survey abstract 18 and part of lock 28th division c of the league city subdivision abstract 18 generally located south of webster street and east of louisiana avenue with the approximate address being to 106 austin street we will open this public hearing at 6 11 p.m. anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at six eleven pm and that moves item 5 d consider take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 10.1 acres from neighborhood commercial and RM f dash 1.22 commercial mixed-use legally described as the west part of lot 28 division c of the league city subdivision m Muldoon survey abstract 18 and part of lock 28th division c of the league city subdivision abstract 18 generally located south of webster street in east of louisiana avenue with the approximate address being 21 06 austin street so rumor councilman john king is made a motion to approve Publicker no sir we we just opened and closed you so this is the vote just like an okay now John yours was to approve correct yes yes sir and councillors unnatural while councilman barber was but yeah actually well if you wanted to start the discussion all yes let me get that ok Jim Nelson I have you as a second correct sir yes ok let's open it up for debate and my barber I don't know who's here from planning tonight you represented plenty of national thank you apparently originally the staff had recommended denial and pansy voted to approve that correct and it looks to me than their analysis that the staff had felt that it was inconsistent with the comp plan that's correct and I was wondering if if we could get some insights as to what the pnc decided if they felt differently or if they thought that maybe we we would have a hard time denying this one in light of others that get approved to this type you know could you characterize that at all yeah I believe a pansy disagreed with staff and they felt that this would be a good location for an additional side that's why they voted okay thank you yeah so the reason I was asking for the clarification is I wasn't sure if you were approved if your motion was to approve or two tonight because we have kind of a staff recommended denial so so this is to approve grown and I would appreciate if anybody has any additional insight i I really don't like going against the comp plan but if P&C really thought that maybe it was a that was consistent with the comprehensive plan that I could certainly support you Thank You Councilman Jim Nelson yes mayor I talked in 2p + Z people on this matter and they both gave me the same answer that they felt that that just was a good place with commercial rather than apartments and apartments would just exacerbate the traffic problem out there and putting commercial out there would did not cause much havoc so I think that was a good decision and I'm the okay thank you councilman kini mayor I don't know if I talked to the same two members but I also spoke with two and they provide the same information if we could I understand that the minutes are not done verbatim anymore and also there's a lag time but if any time that agenda items are coming to us where there is definitely a difference between P and Z's recommendation and staffs recommendation if we could just have those verbatim minutes typed up it'd be very helpful to so that we don't have to go calling around on our own and try to figure out what happened because I thought I was told the tape is available and just didn't have time to get down and listen to the tape and try to figure out where it Q important cue it up to listen to this but if we could just get that very selective minutes it would certainly help us do our job thank you and counseling or barb let me ask you the Menace said that the council McCain is referring to whose responsibility is that okay so I will make please make make a note of that and we will discuss that miracle she gets back I think that's very reasonable request is there anybody else is there anyone else that wants to speak on the hue it seems to be clear at this time the motion on the floor is by counseling kini to approve and seconded by Councilman Jim Nelson so if there is no further discussion please vote four is unanimous motion passes we go to item 5 e hair the public hearing on zoning change application z06 dash 158 lakeside to rezone approximately thirty point three acres zoned rsf seven to rsf five legally described as the lakeside subdivision generally located north of FM 2094 east of enterprise avenue and west of Twin Oaks Boulevard will open public hearing 6 16 if there's anyone that would like to speak to this issue please come to the podium my name is John canal so I'll live and lace that subdivision and we have a problem out there with our life sizes main 5,000 square foot and women last year and a half the Builder that's in there finishing our subdivision has built on 5,500 life the problem is the people that live there most of them only have one lot there are nice appliance now and if the storm were to come in and wipe us out we couldn't go to the city can obtain a simple building permit like any other builder or homeowner in the city limits that have a 5,000 square foot lot for that reason I would urge council to vote to approve this thank you very much thank you John is there anybody else I'd like to speak to this issue seeing none we will close this public hearing at six seventeen and moves item 5f consider and take action on an ordinance amending ordinance number 200 524 to rezone approximately thirty point three acres from RS f7 tourists f5 vaguely described as a lakeside subdivision generally located north of FM 2094 east of enterprises avenue and west of Twin Oaks Boulevard solberg to selection council makini has made the motion to approve a new second I'm sorry Council Bluffs McCombs seconded that motion this item is now open for discussion hearing none please vote four is unanimous motion passes we now move to item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having thank you having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Betty space yelling good evening I am Betty speci on his the Sun okay I'm the president of the Friends of Butler long when longhorn museum I'd like to keep this project fresh in your mind and give you some reasons to support this project there is no price that we can put on preserving history museums are built for various reasons for instance like the Holocaust it's it was built so that we wouldn't forget and there are some fun things like the fire museum in the funeral museum that's in Houston I go to the Museum of Natural Science every month have you seen the body works it's an experience i've also been to the Louvre in Paris I've been to the Smithsonian in Washington and I'm from New York so I had the privilege of growing up with thee all the museums museums up there why to learn to learn about the past and will help us with the future we're asking you to preserve the history of the ranching and farming community of League City I will use a quote from marsh Davis of the Galveston historical foundation he said take a hard look at Galveston that was and then support this organization like never before just replace Galveston with League City one last parting thought when you evacuated last year what did you take I took family pictures important documents and I went from room to room and picked up something that meant something to me than my family maybe it was something that you took was from your grandmother or something that meant something personal to you those are our personal histories and that we want to save and there's no price on those documents thank you thank you Betty next week the citizen will be gene d anderson Anderson I lived in league city for 27 years and then history of this town is very important to me and my family I raised my children here now I'm raising my grandchildren in historic district and it kind of saddens me that you know I don't want to see our city through our history away it's important not only to this city but to the state of Texas this is not just ours it belongs to the host state and I've worked on this project from the beginning and I know that it could be a very very good thing for the city and if you haven't been there please go and see what jennifer has done together artifacts history these beautiful longhorn heads she's done a lot of good break for over there let me see what else going to say I think that this would draw a lot of visitors a lot of Tours to our town not only from other states but other countries I mean who else loves the cowboy in the Longhorns the river where it's a wonderful thing everybody has the mystique of the Texas cowboy I'm pleading with you the mayor in this council to please do not let our history be lost thank you thank you Janine and those the only two names I had on the list Ne so we will now move to item number seven which is the congenital consent agenda item 7a through seven i L thank you 7a 37 i down load up the middle got you I'll see it in yellow now thank you let's try to hear will cut that out 7a through 7 l almost that I just okay pro forma and hear the motion America like to pull for discussion of a and I ok Council makini wants to pull a and I anybody else that means it would be be I have one item either to changes to the agreement under cave council should be later we're before we proved them ok below all right a through L and we will pull a I and K put a motion to approve the rest when the council agent Jim Nelson's made motion to approve seconded by Councillor barber item is there any discussion on these issues hearing none please vote four is unanimous motion passes we will now go back to 7a consider and take action on approving the use of capital replacement funds for the purchase of a sun microsystems / solunar councilman john key's made a motion to approve every second of our councilman jim nelson this item is now open for debate something at council makini the only question I have is I'm trying to later on in the agenda where its voting on the capital replacement policy and I'm just are we it looks like in this one we're going to ship to autos and specialty vehicles and that sort of thing police cars totally for the capital replacement fun and I'm trying to figure out where this fits I mean it's kind of interesting because later on in the agenda we're going to actually change what we're calling what we're doing right now so could you just give me a little bit of background as far as this capital replacement fun is so have we had money that we put away to replace the server and it was sitting there or yes sir in the up to this point set aside funds and made purchases through these funds to advise third technology equipment and when the proposal to go forward we're recommending that we limit that to vehicles and operating equipment associated with the vehicles in that future technology purchases which would be handled through the regular operating budgets in the department or if they're large enough amazing qualify as a capital g FD project spending on health thank you Thank You councilman yes so that's Ronald Lee question thank you the rest of the queue is clear the motion on the floor is by council makini to approve and seconded by Councilman Jim Nelson so with no further debate please vote for is unanimous motion passes we now move to seven I consider take action on a professional services agreement between the city of lake city and can't dresser in McGee ink for the design of the new Southwest wastewater treatment plant mirror I would like to make motion postponed indefinitely for discussion Second Council mccomas would like to make a motion to postpone indefinitely yes with this too okay seconded by Councillor makini and this item is now open for debate councilman comes we have my only question I guess it looks like we're spending upfront 882 thousand in total fund 1.9 million has this going out for or if the queue or RFP whether Jack Torry chef okay would you recommend that we go out for bids on this or RFP to try to get the lowest company I guess or enjoy this isn't this is a professional service and you do not professional services out for report gate processing correct but is this the only one that we got back it's awful large sum of money just have one engineer come in embed on it I mean I know that you don't have to but if we receive any other bids or well know it proposed to tomate ologist was not put out an RFQ CBM as the design firm that has been doing the city's major facilities designed the vedala Selma's plant rework and they've been doing our facilities designed for the six years that I've been here and typically in a professional services program is if you if you have a company that has given you professional services to adequate and competent service for a price that you're coupled with you you do not go ahead and go out for our cues because many times it just becomes an exercise of you go out and you have who's familiar with the facility goes for me with the job by time you go back and head design capability and then familiarity with the city you end up with that same program over again when you when you take the thing in put it in perspective the design fees and the fees that are charged or typically based upon a typical civil engineering schedule which is used and when you look at the overall fees you determine overall what the cost no rafi is their overall fee is about seven if I remember it's about seven and a half sent this is very competitive design fee for a project of this size there's a lot of complexity to it because of the permitting and the permitting process that goes through this particular firm has been working with mr. Piper for some months now at with no fee trying to try to get us in a position to be able to get this facility designed and in place there are also the same firm that did our master wastewater plant upgrades so there are you know they are very familiar with the city I understand but this is quite a bit of money 1.9 million lot of professional fees that I think we might have a little bit of competition from other engineers I mean it's a new facility on a new new site plan so I mean there if it was a dallas salmon water plant up i would think that one might be a little bit better but one of the things is one of the things we think we we do not do is take things off of competitive bit professional earrings active they won't then we'll give you a competitive now I understand yeah I understand the process what you can do is look at this proposal if you think this proposal without a line or if you think the firm is out of line you have the right to question that if you feel like you where you can want to do that I mean you can question that but as I said the firm and the fee schedule seems to be very very much in height but you can also go out and get three quotes also a professional fees from different companies just to see if if they are in line did you know you we don't we don't do that in professional services so you just pick some money and say that's what we're going to well no matter what price you know you know a range of their fees in the elder degrees are but we don't go out for competitive bid I'm not saying competitive bid I'm talking about proposals rfps I mean could you not take two or three companies and ask them for the same the same proposals and see what kind of pricing that's coming back from I mean that's what the RFPs is supposed to be for to see if their qualifications meet right did this can be handled out for whatever reason mr. Pfeiffer did not place this out an RFP process who can forgive you this is this is the part when we've been dealing away for four years and have had great success with it thank you sir councilman jim nelson i have probably a question for the administrator but i'll make a statement first i have a problem laying if we're going to delay this costs are going up tremendously in the last few months and it's just going to cost us more money to do this say six months to a year from now than then if we get started now and i really have a problem wasting the taxpayers money if we if we put this on too late so could you give me a little information on that if you have it mr. Pinto the Eastside plan obviously has to get going and it is would be coming back to you within a short period of time showing you we've had some major increases in three different areas for that we've had some increases in the ductile iron pipe the copper and then also we have some issues with the contractors that are currently working or working in other areas that have had some major damage and so they tend to give premium [ __ ] right now and the professional engineers you telling us we need to seriously look at a substantial increase in our cost projections on the east side plan same thing with the west side plan I don't know that I would go just build it today because of that problem but we need to get ready there's a lot of permits and all that need to be applied for you're also in negotiation with the west side and developers as to how this is going to shake out some of the issues you're going to run into is is building a professional plant or letting them get into some packaging plants on an interim there's issues doing that the council's going to have to be aware of this we tackle those in future meetings but they also you're going to be using the CRS or your impact fees to do the sewer plant and that's something that you want to take as much of those impact fees as possible and put in on a plant that we know we're going to have to build versus other items and cause the potential rate payer to pay more in the long run the other issue that's running with the Westside plant as you know in the scheme of things the Dallas plant is still being built has to be expanded to cover a lot of development going on especially on the east side but we are running into issues with the current smaller treatment plant we have across the Blackhawk we have a contract the Blackhawk plant that at some point time goes away and you there's not a question that we're going to get into the plant on that side of town and it's a matter of the longer you delay this process with the pressures of development and the pressures of the design or the TNR CC and the TCEQ now on on the existing plant the countryside plant the more you have to potentially get back into corner and no costly way to get out of it so I just want to make sure councils aware of it if you're going to change if you just want to have another engineer then go find you another engineer based on the fact you want another engineer don't base it on trying to get three quotes from somebody or look at the three coats or even given implication that you're really going to look at the three codes for quotes and base it on that just find you an engineer if you're an uncomfortable with these because it really is an issue if we get into feza bidding and most of the schedules are going to be about the same on this size of projects which is exactly the conversation Chuck Pinto and I had have had on this more than once councilman kini you know when i saw this agenda item on here i was just astounded because as a council i know that one of the things that i was really serious about when we were voting in the puds about a month ago was that the city not get too far ahead and its expenditures before actually something starts happening out there and then when I less than a month after we approve these puds a professional services agreement comes in initially for 900,000 it gets more as you go through the design process I've talked to mr. Murphy today for about 45 minutes I talked to the somebody from the civil engineering firm that's out working out on the west side and I still have not seen a schedule when do we have to do certain things I'm very concerned that we not have to put in infrastructure and then three years later duplicate it to go to a different direction you know that they're going to put a package plan out there and they're planning on having that for about three years it costs about it takes about it there's a permanent process about a year to permanent that brought that package plan just a few months to get it in place a hundred thousand dollars they drop it off they get it installed cost about ten thousand dollars a month to operate well and here we're talking about spending almost nine hundred thousand dollars before do we own the land yet does anybody figured out if we've been transferred that land or how it's not transferred at this time so here we're committing were you know talking about committing to nine hundred thousand dollars to design a plan on a piece of property that we don't even know yet there's a lot of alternatives that we can do regarding this and I think we need to consider this much more comprehensively when we're if we're talking really a 20 million dollar investment here we all knew that it was going to be a large investment i don't think i did not know or feel from the discussions that 30 days after approval the citizens were going to be asked to invest over a million dollars in new belt we all know that growth is going to cost the skirt citizen something there's no doubt about that it's my goal to try to minimize those costs and also to make sure that when the city starts investing in these major capital expenditures that there's something actually happening out there I don't think a bulldozer sitting even on that property yet it's going to be 2008 before they're even going to need their own package plan I know it takes about two years to get permitting for this particular plant that we're building here for the package plan about two years but a lot of that work can be done at the same time and codes and kind of be done at simultaneously with this design work and I think we really need to get from staff a better picture of where everything is going to fit in what's going to trigger certain needs and I just asked counsel to not approve this tonight and not encumber the citizens with a nine hundred thousand dollars worth of expenses for a piece of development that's been we don't even own the land Anya Thank You mayor councilman Barbara do we have a have we hired our project manager yet which do we have potential somebody about to happen does it look or we kind of far away I know that we and our current budget that we're about to approve that we've hopefully increased our likelihood of being able to pay the type of salary that would be required I'm this is one thing that I really hope that to get our project manager before we get cookin too far on this particular thing I think we do need a point person to their first project in my in my opinion should be to get on this and with every concern that was just said by my colleagues I actually share the worry of waiting too long because we have a we have a timeline that we're going to have to wait for and then go and get ahead of ourselves since we know a project manager and we don't have the land and so I don't want to I don't want to postpone this too long and definitely doesn't give you a sense for whether we have an urgency I still want to maintain that we do have an urgent need to get some of these things figured out and get the information worked out but primarily I'd like to see that project manager come online so anything I can do to help or like to get this number one on their plate when we get them in so thank you Chuck what are the repercussions if we work for project manager how would that differ from waiting for three bids because quite candidly in more than one meeting I've also stated that I'm not going to get behind any major project without a project manager so you know we're kind of painting ourselves in the corner I don't want to support postponing indefinitely and I don't know if it's the contract with engineer but I do know there's a downside to waiting because you not have had these discussions more than once yeah I'm not sure the downside the wait is bad if you're uncomfortable the question you have first on the project manager is that you're aware of what we're doing on the budget we couldn't find one you've increased the budget for that that's coming aboard number two you got kind of a major project manager that is also going to be your public works director who's going to be looking at how that's processed when he comes aboard which will be in about two more weeks you'll be here and crystals taking a little while to get caught out remember this is a contract for the design of the plant and also the permitting that goes there's there's a lot of permitting it has to go with the plant if you if you guys are hired today and you said tomorrow once you start I don't want you to wait let's get all the paperwork here to start tomorrow about two to three years process before anything can even begin to come to you with with getting that plan online so you have the process of a group out there that's on the west side that got a goal to have things started in that period of time and do we want packaging plants or do we want something that as they build go straight to disappoint those are major issues to be discussed so it's just just a matter of timing if you want a project manager a board you've got a public works director they'll be looking at this you look forward about to three more weeks it'll probably take him a month or two to get call it out just be aware the times the times ticking counseling thing you know just to kind of reiterate its I think we definitely need to have a some kind of project manager on staff to even review this professional services agreement to take them and follow this process the whole way through and it's kind of interesting because there's other cities out there and we talked as a city about having an adequate facilities ordinance that said you know what the city isn't even going to issue boat building permits until it has the facilities to do things and it's not going to build facilities until it has the money now that's one very far extreme I'm certainly not saying that we we do that but these packaged plants can handle the capacity that was part of the whole process of discussing our mud agreements that they were going to run a package plan we even had to vote on it again our city attorney changed language in there because we weren't sure who was going to run these packages package plan and actually we can actually sniff if need be with a with a minimal lead time of about 12 months to 14 months they can actually double their capacity out there with another package point and everything has to be timed very well in this whole development because you know we do not want the citizens or the city of League City to get real heavy and to infrastructure out on that side and then something happened what if the economy goes down I don't know I don't think it will I think we're doing I mean it's it's very well but it could go down not only that but we're not getting any income from there so everything has to be keyed as to trigger points when do we need to do this why do we need to do it then and and those trigger points will move based upon the development that's occurring out there and also the the permitting process and the things that we have to do and there's a lot of options to to handle these needs out there and unless we really get stamp to kind of line something out and that's what a project engineer would have done for us if we had one was they would have been able to line things out sit okay we if this is councils goal that the developer only installed one package plan out there and never have to double up on another package plan then when they get to this capacity we have to be permitted and then you just start backing things back and you know exactly then win things trigger and also if development gets moves faster you can adjust those dates if it moves slower you can you can back it down and I mean this is this is our as a council this is our biggest investment yet since I've been in here for three years we're talking how much are we talking for an estimate that's a 20 some odd million dollars if we're if 21 million dollars total for this project and and right now we're talking about an open expanse of 5,000 acres out there and we're talking about spending right tonight a million dollars of the taxpayers money on essentially what's a cow pasture right now I know it's going to be big I know there's lots of great things going to be happening out there it's let's not jump the gun on this council McCollum's mr. Pinto when do we have estimated the properties when we did it over to us you know jack how far were probably at least another 30 days minimal also not remind you if you look on page c2 of that contract what count makini just described is what is part of this contract on project management a where they'll work into one and two where they'll work with us and work on those kind of schedules and now that's their project manager that would work with our adorable at work directors this is a key part of this contract because even though you do the contract there's elements that come back to the council in this planet stage which is an important part of their design work but I will take at least 30 days maybe not a little longer ports and in our hands the reason i postponed it indefinite because i really don't have a date i'm not saying we should go a year or two years obviously if we want to put this back on the agenda in 30 days to 45 days we all have a right to do so indefinite just parliamentary procedure to to state that i really don't have a date i mean if we would like to place it back on the agenda i'm fine with it but i mean i think our concerns going to be addressed as mr. Keeney mr Barber stated before and again we do need professional engineer but it started pretty soon but you know last time I talked about the property we were uncertain if we were getting 11 acres or 12 acres or you know what what does happen if we if we go ahead and sign this contract without the property and pina I mean I would at least like to see the property in hand say let's move forward with the professionals but we don't even have a property yes captain Jim Nelson has I'm going to withdraw my objection I I agree with counsel makini I think I think we better look little harder this even though it's it's going to cost us some more money later on down the down the road drumming I don't I can't get I think we need to look at this and looking for hard before we invest in there again we don't know that the economy is going to take a turn down we have no way of knowing this but to spend this kind of money right up right now to be drawing for us to do that council makini oh yeah Thank You councilman because you know one thing that was very interesting when big league dreams came about there was all this push all this push all this push and about five months after we signed and operations and maintenance agreement we actually went out and spent money in a sling back tell us how much this is going to cost and Lynn back came back and said it's going to be 20 million dollars that's like whoops we you know we we thought it was going to be you know I wasn't on council at that time but council at that time thought it was going to be about 14 million they already signed these all these contracts also that comes back and it's 20 million dollars what I would and not only that but we talked as a council about the importance of of go ahead and making an investment and that investment in this case maybe to have this same company because they seem to be pretty well qualified we're using them now and I think they're probably very well qualified I think what I actually would like staff to do is go back and get a recommendation from this company and say you know what this city really wants to know you've done our wastewater master plan you really know where we're going as a city with our wastewater system let's spin some money and really figure out how this is going to flow when things have to be done when or where are we going to have to do things what things are going to have to be done and you know I think that's what we need do it as a business person sometimes it cost you some money in order to not spend not in order to not lose money or spend more money than you should have at the very end and that's kind of what happened to big league dreams at big league if this council at that time would have spent two hundred thousand dollars before they started signing contracts then they would have known that the price what the price tag was going to be and I think what we really should probably contract with this company to schedule out this whole time period when things need to be done because there's a lot of lift stations that are going to go in out there there's a major waste water lines that are going to go on out there and I don't want the city to spin again money putting in a line throwing something over to the east side when eventually it's going to go over the west side but now we've got to do it over to the east side you know because we don't have the plant ready over there so as a councilman I think we need some some project engineer and it may be that we just have to go out and pay for one right now it's kind of give us the ability to know when this money needs to be spent when we really have to commit the taxpayers money to this project thank you the motion on the floor by Councilman comes to postpone seconded by Councilman kini please vote four is unanimous motion passes we now move to item 7 k consider take action on approval of a professional services agreement and for the construction materials testing of palomino road improvements will get a motion a second or lecture has some to say you're the one that's quick home home late emotional second ok what's your motion on the brew tape of councilman jim nelson motion to approve and I did not see a council McCombs has seconded that motion and it is all and once you lead us all its primary mayor council in reviewing the fine print in this agreement there are a couple of changes that I would recommend the council up top as a condition for approving agreement you may have a copy of an infinity but there is an attachment to the contract called agreement for service and in the paragraph number six which is a limitation of liability provision essentially it limits the liability that's consultant to fifty thousand dollars unless the consultants of general liability policy will pay the claim my recommendation is that it be revised to say that this limitation of the two thousand dollars doesn't apply if they're if both their commercial general policy and a professional liability policy either covers or pays this particular claim that's one change that I thought I think going to be included in paragraph 11 on the dispute resolution provides that the agreements be governed under Kansas hold that should be stricken it should be Texas home and then finally under paragraph 14 it talks about the city agreeing to pay the consultant the fair market value of any equipment that they might be utilizing that taps into a hazardous substance in the course of performing their services and also that the city agrees to indemnify the consultant for any claims that may arise from there having tapped into a hazardous substance or a condition during the course of their performance of their services I just don't think that we should be doing that I think those provisions ought to be stricken and my recommendation council approve the agreement with those changes okay this have you not tried to negotiate those changes already this agreement was on supplemental and it'll I only had an opportunity to look at this one weekly personally I have a copy disclosure because it might it is my opinion that all especially things as obvious is litigating in Kansas vs Texas that's something that should be done from attorney to attorney before it gets to council right well we can either postpone this for lights of this but this agreement was provided to us over the week okay I'm just I was curious I just might know and accept your answer councilman jim nelson do you want to make a motion to approve with recommended changes from the attorney yes just both later and Councilman covers you want to continue your second yes sir will ok this item is open for debate hearing none please vote fours unanimous motion passes we will now move to item number eight reports from staff members zero item number nine old business a considerate a factional wardens 2006 dash egg to amending section 18 dash 10 of chapter 18 of the city of League City Code of Ordinances title this position of impounded animals it's the second reading move to approve Catherine Combs has made the motion to approve Councilman Jim Nelson the second to sorry Phyllis you okay and this item is now open for debate hearing none please vote for is unanimous motion passes item 9b consider take action on ordinance number 2006 dash 8 1 amending chapter 70 of the code of ordinances of the city of League City Texas and title defenses and miscellaneous provisions by the addition of a new article 3 entitled regulation of sex offender residency this is the second reading moved to a brood council mccombs made motion to approve second dead by Councilwoman Phyllis Sanborn this item before I open it up for debate if there is any I want to again commend pillows for a good walk in and I think some good concessions on the one issue that was brought up so good work there a debate on this issue council mccombs also I would like to commend housewarming Sanborn this is our first ordinance and it was campaigning promise so I certainly do thank you very much it's a great ordinance and she lived up to some of her campaign promises already so I do think I do want to make a comment mayor the approval is with the changes sir as stated and Councilman John Keenan just real quickly Mara also thank my Sanborn for the give-and-take to consider the different combination I self and other council people and I really appreciate that because I think this is important ordinance and I certainly supported hasslein Jim Nelson I would just like to commend councilman Sanborn for her diligence and getting this to us what the changes appreciate that very much and we're working we're going to do it I have so many things to Sam just cuz I councilman Barbara let my turn can I just say that everything else I've I says I think I told you this before but also not be the one excluded from commenting positively bunch if I don't at this time so reaffirm whatever you say nice job helpfulness and alone well this is it just my ordinance this is our audience this is the city's ordinance this is the council's ordinance and I want to thank the league city police department particularly detective Morey grant please here tonight for doing the legwork on this it was a privilege to work with you on this detective grant and it'll be good for the city if it passes tonight but it passes tonight okay hearing no further debate please vote for is unanimous motion passes item number 10 new business 10a consider take action on the approval of the resolution amending resolution number 97 dash 13 approving the city of Lisa T capital replacement funds policy so goober councillor Kings made a motion to approve it seconded by Councillor Mike Barbour sightings now for debate hearing none please vote you guys were equipped with an icon for unanimous motion passes ten be considered take action on a resolution consenting to the cell and issuance of unlimited tax bond series 2006 for Galveston County Municipal Utility District number six and authorizing and directing the mayor to execute and the city secretary to a test same for and on behalf of the city we move council Jim Nelson fed motion to approve second seconded by Councilwoman Phyllis Sanborn sightings open for debate hearing none please vote for unanimous motion passes 10c consider take action on a resolution consider to the cell and issuance of unlimited tax bond series 2006 for South Shore Harbor you view Municipal Utility District number seven and authorizing and directing the mirror to execute in the city secretary to attest same for and on behalf of the City College in Nelson's made the motion to approve so you councilman Mike ball count on Tommy cones a second to that motion is open for debate hearing nine please vote for gene Anna's motion passes tnd considered take action approval of the use of municipal court technology funds for the purchase of 15 panasonic m the WD to electronic ticket writers for the police department so move now McCombs has made a motion to approve counseling Jim Nelson second of that motion this item is now open for debate councilman john keenan chief i just have a quick question can you just real quickly describe how this is going to work how the the tickets are going to be transferred from these handheld of electronic to riders to the municipal court system and also to the pd system I mean it sounds like it's going to save a lot of time and about frustration well it is i don't i don't have that exact information on exactly how it works with it with the issue you know from our perspective is the officer safety issue of there's other means to do it it would require the officers sit in the car and etc which is a you know a definite officer safety issue that you can't monitor the activities of the the occupants or violators and a vehicle that's our you know our issue from our standpoint I believe councilman that we're also going to have scanning capabilities of thank chief with the units where you can actually i kin the swiper darts white cards where you could actually scan it and in information goes into this device through the OAS SI and it's a city of webster and city of antibodies in the process trying to get it also and then does it immediately go into our system or do they have to take it back to the pd and then download it i think it goes into automatically in this one of the benefits is what happens if i took a class that's the only reason i understand does the head of our outstanding wants okay she goes into the county system and also checks if it's the same thing I believe it is is that sound right paper you're not sure I mean you know i'm not exactly sure on that but it is feasible because of the the NBC lake so ok the kept the motions of find out personally okay yeah we can arrange that we got so i tried him up on the way out tonight okay the motion of the floors counselor cones to approve seconded by Councilman Jim Nelson to approve with no further debate please vote four is unanimous motion passes passes item number 10 II consider take a chill and request to approve a private streets agreement for whispering lakes ranch section three phase one certainly councilman jim Nelson's made the motion to approve second second by council Mike Barbour no I'm sorry I'm sorry I can't my apologies seconded by Councillor Tommy Collins it's salad for debate hearing none please vote you guys are waiting on them we're for is unanimous items 10f consider take action on a request to approve a private streets agreement for the village of tuscan lakes section one will move councilman jim Nelson's made the motion to approve circuit councilman Cohen's is second to that motion it's now open for debate hearing none please vote further is unanimous motion passes item number 10 G consider take action on the compensation the benefits for the interim city administrator I'll make a motion for discussion council when Sanborn has made a motion to approve for discussion or just are just to discuss that's fine to discuss second second date by Councilman my barber before I open the floor up let me just say that most of the lyric yes sir just for parliamentary procedure of electrical air ification from the city attorney I think we have to have a motion to either approve or deny because it's an action item I believe this causes Craig release if you really want to follow you no problem any procedure to the T here there should be some kind of an action item uproar I will say however that a lot of instabilities do have what's called a motion to discuss council was to depart from standard practice that's afternoon mayor I kind of like to have this an executive session in this will be talking about the previous performance of this individual yes i will let me let me speak into this issue just real briefly boy do we have emotional all right I understand I understand and that's why it is in two places it is on it's in new business as well as executive session that we're going to accept Councilwoman sanborns motion to discuss if templin bubble will keep his second yes okay absolutely and the only thing that we lose if we go to executive session first of all the employee which is of course chris reid has no issue with it being discussed in public the biggest liability of going into executive session is we don't get to take Chuck Pinto and as you know Chuck pintos with his experience and how everybody feels about and he is the one that drafted this recommendation he can speak about it out here in public but can't go back into executive session as it pertains to his replacement is that correctly stated Chuck so I wanted to leave it on the open session and then let the council make that decision however you wanted to make it it can address that after we get back out of executive session if there's still questions that need to be asked and throw sorts of things absolutely councilman councilwoman Sanborn when I look when we got the survey of cities and and salaries from this area of it areas I felt like that with our deputy City Administrator that recently left making quite a bit less than the S I felt like 120 thousand dollars was too high of a salary or an interim city manager that had no experience in that job so I I would certainly discuss this during executive session but I would think something more in the 105 209,000 dollar range would be very well compensated interim city manager sound Sally ok and i want to say as well since we've broached the subject in public I'm okay with that I I got I felt like it was a little high I think that Chris will grow in to that salary in due time I don't know how long stint will be here but i did in talking to various council members get some pushback on that number and have spoken briefly with chris read about it and of course he is anxious for the opportunity he says he doesn't want to get he doesn't want this to be a stumbling block and Councilwoman Sanborn actually came up i approached her tonight and was discussing this issue and and i think that she has a good idea good idea as far as setting it somewhere around Chris Piper's salary the deputy City Administrator of 109 I think is a very reasonable and rational starting place so again I had some pushback from Council over the past week over this issue and I personally more comfortable at 109 then 120 as well and I have not talked to mr. Rainey in reference to that I just feel like that salaries too hot is there anybody else on the cube council Macomb now just like you make a comment mayor either way goes tonight I think that the email that we received from mr. Pinto here stating servers 120 thousand six hundred a month for car allowance a hundred for cell phone allowance so 2500 that will go into his deferred compensation package every six months so that mr. Reid can educate itself and and it states here that it's going to take some unusual extra time for Chris after hours just steady and educate himself this was my point when we went with mr. eat even though i I'm I'm very good friend mr. Reid and think that he does an excellent job in the police community this is one of the reasons why I did not want to take from somebody from in-house to do this job also I have some concerns and i want to counsel to be to be aware of it before you read it on the blog or anything else i am asking for a AG's opinion because I think we're violating the law with the civil service rules so I do plan to move forward and look at that because there is some concerns there that mystery does come in this job he may be given up his simple servicing and will not be able to go back to civil service in the future saw do have some concerns there but if you pass the salary tonight I don't plan to pass anything at this time because of the concerns thank you and I will say that this read met with me last week and has already requested his own AG opinion I don't know where he hears things from that obviously must be the same sources you do because he told me last week that he did intend on that very day to to do that and I think that those wheels are already in motion there seems to be some discussion about that I you know whatever it is it is i'm going to protect the young man's civil service whatever to whatever degree that takes if he a lot of chiefs moved into that position i believe thats out Chuck got his start so you know we want to cover all those bases and I think that's I think Chris had a legitimate concern and again proud of it for thinking of that councilman tad Nelson ha just briefly I just want to thank Tommy for doing that little extra that's very important that's a lot like Jon on the wastewater deal you'll take that an electrician in a mental ward thank you Collective Council McCallum again I'm still concerned with the twenty five hundred dollars siphoned every month I think whatever salary y'all do plan to give them we ought to stick with a salary I don't think need to be given stipends to city employees because they're doing their job so I just have a problem with that also i think the stipend was twenty five hundred dollars every six months why didn't you just would soon I thought you said every month no sir number six months Phyllis do you want to well first of all is there anybody else on the queue I mean there's no one else on the queue so tell us do you want to do you want to amend your motion to bring the salary down to 109 and see if you could get a second and go that direction I would rather wait until after we go into executive session well can we come back and we can the city attorney notified me that it is not own executive session but probably could retire the executive session right you certainly can do now in election I have the language if you wish to okay I'm going to make a motion that we give him one hundred nine thousand dollars and the startup salary and they'll be giving all his allowances that Ezra has requested by us repent oh okay councilman Ted Nelson has made a motion to give Chris 109 down from 120 and maintain the other benefits yes is that correct ok that's the motion on the floor to mr. Nelson clear pipe because it says you might want to look at twenty-five hundred dollars deferred compensation at this end of some designated time provided and I think six months it was that what you were suggesting chugging in any fraction they're out there would there would money any pay put that offer of it so like if he was there five months in 20 days he wouldn't receive that so at the end of each six months so he's there six months you know 2500 he's there a year he did another 2500 that's how fair mr. Fenton he is let me make it clear the way I did the survey we just took a survey and that's what's my hand you base if you want a more or less based on the experience the individuals I can't get involved in that part of it and you see the salary the car allowances and the cell phone allowance is based on what I know that especially Carlos and cell phone what can I do if not more the suggestion in here came in is something to give you ideas on regardless of where you said that salary of things that I've seen done in other cities when you're sometimes when they'll provide incentives for either somebody that's stepping into a position that has to do a lot of extra time so that's best the framework of providing to you and then you take off from there based on experience what you want to do that's why I threw that out something that happened quite a bit yes somebody like that they have time frames and their performance measurements with it I feel comfortable to six months okay so your motion would be to the compensation package would be 109 the call-outs a cell phone allowance and then a stipend of 2500 if he's still in the position in six months yes and then if he's there at a year another right okay is that motion clear second councilman Mike Barbour has second to that motion Serena just real quick and win of information a weakling into executive session for service for that if it passes probably not like that Chris wanted it done out in public I'm trying to respect those wishes as well as the wishes of counsel with ya council makini mayor I just want to make sure that I haven't heard of a plan yet for finding a food city administrator and I really think citizens want to see a plan I think in the past we haven't been very aggressive in our plan we're getting people hired out from underneath us by people by cities that are aggressively pursuing upper staff of their cities I know that in a recent budget we haven't discussed any amounts of money for head on her fees or personnel consulting i know it cost us i think i thought it costs us joy masuda cost last time you know was that about 12,000 yeah because i think they went up some war because we had to go back and they actually added more money into it and if we could get that out to the public you know my idea is you know what my idea is because i've talked about it we need to aggressively pursue city probably assistant city administrators or deputy city administrators that have been in the business for five to eight to ten years that are ready to make that step to move into a city administrators position a city that has aggressive growth they're all over Georgetown in austin area all the cities around dallas and I'm just I'm want to make sure that we're you know I appreciate Chris stepping up I think this is a reasonable salary however think the citizens need to hear the plan of what we're going to do and what the time for any we're going to expect and I'm looking forward to hearing that from duly noted Councilwoman Phyllis and boy I agree with Councilman teeny I would hope that we would have somebody in place within a year I do believe that we can hire qualified person within a year so that she free could go back to the police department is choosing are you know perhaps a nut topping would apply for the job but in order to get this passed and I I wonder if the twenty five hundred dollars every six months that he's with the city assuming he's going to be here a year which I've heard in discussion I wonder if $1,500 would be more and likely to getting the salary package pass how's Matthew led the major no jobs more than fair okay councilman Nelson will amend his motion to $1,500 every six months councillor barber yes someone's okay he maintains his second Thank You Phyllis okay what open debates all dies or anything else to be said there's nobody on the queue okay the motion on the floors by Ted Nelson second by Mike Barbour for 109 a car allowance of cell and fifteen hundred dollars every six months to be put into the retirement fund with no further debate please vote for is Mike barbers John Keaney Jim Nelson Ted Nelson Phyllis Sanborn opposed councilman Tommy cones motion passes we now move to item 11 a considering take action on an ordinance amending ordinance number 200 to dash for Sue relating to deposits rates due dates and discontinuance 'as for water and wastewater services here counselor discuss this but mr. powers we wanted to have this pulled off ok put up to North the next agenda pretty good okay item number 11 a has now officially pulled off before I run down the rest of this item because we have some of the issues I want to commend the council regardless of how you voted on that issue for the for the open and honest exchange of debate on that issue that's a tough issue the city is going to move forward and I'm extremely proud of the way you guys handled that item number 12 tabled item subject to recall none 13 council members comments and reports council mccombs America I believe I have any written Thank You councilman barber I just want to say thank you to everybody involved with the joint meeting that we had seems like a long time ago I think it was last week with the school district thought it went really well and and I think we already have one that's about to go on the books man with presentation by League City so I'm really excited I think it's a your plan of meeting quarterly with them is working I think it's the tone is very good and I think the communication is falling really nicely so I just want to thank everybody involved in that also I just wanted to call to people's attention as I did with the mayor just prior to our meeting tonight is an article in the Galveston County Daily News and they're talking about some of the leadership at utmb and some people are questioning the wisdom some state lawmakers representative level covering the area pushing the wisdom of having a new clinic open up in in wig city while they have gone through the process of layoffs I've already called our representative and asked for support for that it's important it there's a good business plan behind it it's important for league city it's important for utmb so I asked you to do the same in another mayor's following up on that too I would love to see the clinic that's been announced the league city to go forward as plan so that being said thank you very much Thank You calphalon Barbara Councilman Jim Nelson guess my first of all I'd like to thank everyone for coming out tonight it's good to see the citizens come out and listen to their government and actions I think the staffer are there good work tonight and as usual all of them and I have some library happenings here a new history club will meet in the Susan Matthews memorial theatre on Tuesday august 10 second at 7pm read for the record a program supporting early literacy is being offered in cooperation with the new starbucks coffee shop starbucks employees from the new store located on FM 518 and highway 3 will be reading the little engine that could in the Susan Matthews memorial theatre this event takes place on Thursday August twenty-fourth at 10am and at 7pm also go to WWE for the record org registration for the new fall story times begin on Monday August twenty-eighth at 10am and finally the fall story times begin on Tuesday September 12th at 10am for toddlers and on Wednesday September 13 at ten a.m. for preschoolers please support your library it's very important we need our children to read Thursday Thank You councilman tad Nelson no comments councilman councilwoman Phyllis and boy I just want again thank my colleagues up here in the passing of the ordinance regulation of sex offender residency I want to again congratulate Peggy Zeller on Peggy's our day and I want to thank you all for coming out and let you know that I am very proud to serve on City Council here like sitting Thank You counsel McKinney maybe we should adopt the the little engine that could is like our theme our theme book for the city because I know staff and council really have strong you good John dealing what are the doing with the growth and we deal with all the time no Mara my main comment tonight and receive an email last week from the Bay Area bluegrass festival they held the Texas State mandolin championship here in league city the estimated over 700 people were there young man from New Mexico is actually going to be representing the state of Texas in the Nationals what really impressed me was they were having a drawings and for like raffle items or something but instead of having to actually buy a ticket to go into the jar they axed you actually had to put a receipt from something something that you bought in league city and put your name on it so we had all these people coming from outside of League City the way that they got in the drawing was to spend money in league city and I think I just really want to say kudos to that organization for really recognizing the benefit of these type of events and organizations that bring people to league city that we may not ever hear about so I just want to say give my hats off to the berry blue grass plus Association thank you we now moved out in 14 mayor's comments again I want to throw that back at councilman barber I did not see that article today it should be forwarded to me by the time I get home but I will tell you that I will get with Councilman barber and any of the rest of the council that shares our views and have a unified front and a response and a proclamation to the utmb issue and I will obviously call dr. stobo tomorrow and start that process and see if he's interested in anything that we can do up here on our TV network with our citizens I think it is vitally important to get that type of commitment and that type of Commerce in this city to say nothing of the health care so thank you Mike for keeping me posted on that because that one slipped by me again good job by everybody tonight and on the CCISD we also have decided that our future joint meetings with ccisd will now include our Chamber of Commerce so the party just keeps getting bigger it's just still sunshine in the league city everything is beautiful here and we'd love to have the citizens come to those meetings that will be well posted and that will now be the league city council CCISD board of trustees and the chamber of commerce if all is welcome item number 15 items added after electronic agenda none item 16 executive closed session from the supplemental item number a Texas Open Meetings Act section 55 1071 government-owned consultations to the attorney discussion with city attorney regarding complicated litigation against MIG Purkiss rose or si for dis design deficiencies at big league dreams project top 5 10 7 1 the city council will now go into executive session pursuant to subchapter d of the Open Meetings Act section 5 51 government code on this 20 second day of all 2006 @ 7 27 p.m. 551 government code which states that government codes may not conduct a private consultation with its attorney except when the government of body seeks the advice of its attorney about a pending are contemplating litigation or B is settlement offer or number two on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct and the State Bar clearly conflicts with this chapter we're now in executive session okay hold on a mug item number of 17 action items and the City Council has completed its executive session on this twenty second day of august two thousand six at 745pm the city council will now reconvene in open session there was no final action decision or both with regard to any matter consent of the new executive session just concluded item 17 a decision so national consultation to the attorney regarding complicated litigation against MIT purpose rose or aside for design that this existed project moved as in the changes that were provided by the attorney when i set the agreement as a [ __ ] about the change us or anybody attorney where's the motion made by counsel vinyasa take it we're checking the backgrounds from John Cooney decided was open for discussion there is none please vote for izz councilman columns kini gym now son Ted Nelson and show a stand born opposes helping my party or she passes no further business meeting you you {00:00:55}	{00:00:52} this is the City Council the regularly scheduled city council meeting of the City of Leeds City regular meeting August 22nd 2006 at 6pm we all rolled in the members Gary Schultz here Ted Nelson here my barber present Tommy go up here Chris Samuelsson is at a internet his child school tonight I he asked me to mention that she wanted men is why said you would be a councilman Sanborn here John Keene eager and Santa Tennyson Lissa lose what yes that's thing and I heard and I'm here thank you figured I heard item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag invitation tonight will be by pastor ralph bryant minister of the league city church of christ and this would be a good time to put all of our phones and pagers on vibrate money in Rogers God we come before you with reverence this evening asking your blessings upon this gathering on this meeting we ask that you watch over and bless those that have been chosen to lead us in this community and we ask for courage and wisdom and in all that they do from I pray that you will help them to recognize the firm's community and servant as more than just titles but that they would recognize them as I the instrument to carry out in their in their routines here we ask that you watch over all that we do here father may our community prosper we ask that you help us to always be grateful for the place we live may we serve at your pleasure we pray in Jesus name infantrymen pledge allegiance to the United States of America and to the Republic for which it stands one nation indivisible with liberty and justice world honor that is why I pledge leads to the item number three approval of minutes we have July eighteenth budget workshop July 25th special meeting and July 25th regular meeting are there any changes to these minutes mayor yes we like to abstain from the July eighteenth meeting of his absence thank you house McCombs is going to stand firm that are there any changes to these meetings they are so approved item number for appointments proclamations presentations Awards a presentation of proclamation designating August 22nd 2006 as Peggy a sailor day and during the preparation of this I have had several staff members asked me how do I get my own day and I said well talk to Peggy and she will let you know as everybody in the in the community were recognized shortly Peggy sailor there are many reasons that we could have given Peggy this Proclamation I'm going to read the one that we ultimately landed on she was given a very prestigious national award and so in all seriousness this is this is big stuff for Peggy and leek city as well whereas Peggy a sailor is a citizen of the city of League City and a volunteer for numerous community and professional organizations including chair of the Helen hall library board and whereas Peggy a sailor has been an advocate and lay representative for the library attending meetings of the Galveston County Library System Houston area library system and legislative days in Austin to promote state funding for public libraries and whereas Peggy a sailor serves on various committees at JSC federal credit union the Texas Credit Union League National Association of federal credit unions and the credit union national association and whereas Peggy a seder serves as a legislative advocate with the Texas credit union leads force fund and an active participant in its hype the hill activities in Washington and whereas Peggy a Zeta was chosen as the National Association of federal credit unions volunteer of the year and honored for her volunteerism during the nafcu annual conference and exhibition July 12 through 15 2006 in Toronto Canada and whereas Peggy zahler serves as an exemplary mentoring spirit of volunteerism education and Leadership in our community and I'm glad I spent some time in the library to get through this myself now therefore I Jerry Schultz by virtue of the authority vested in me as the seventh mayor of the city of League City do hereby proclaim August 22nd 2006 as Peggy a sailor day in league city and witness their up he run to set my hand and calls the Great Seal of the city of League City Texas to be affixed on this twenty second day of august two thousand six Peggy's every day hey okay thanks so much visual item number four be considering taking action informants to the Audit Committee I have gotten councilmember Phyllis and born in my barber to agree to serve on the Audit Committee and I thank you guys very much if we get a first and a second on that he'll move second Councilman Jim Nelson's made the motion to approve second by Councilman cones or any discussion on this okay everybody let me get this offer all right let's vote on that and for is unanimous thank you both for serving and I would like to say that I would like for you guys to consider the two moving moving possibly in the direction that Chuck Pinto had mentioned earlier where the entire council at some danger served as the whole audit committee I didn't want to do that now because if obviously if I put all seven of you on there and we might have a quorum problem if we don't get enough to show up so thank you for stepping up for that they've been only for a time about that item 4c considering take this is on the supplemental 4c consider take action on the appointment of a medical director for the City of Leeds City volunteer emergency medical services department Jeremy I'm listen the mood to approve staffs recommendation council McCombs has made a motion to approve staffs recommendation second seconded by Councilwoman Sanborn and this is now open for debate and none please vote four is unanimous motion passes item number five public hearing and action items from public hearing 5 a hope of public hearing on zoning change application z06 dash 13 handsome to rezone approximately 4.5 acres from RS f10 to RSS 20 legally described as lot 50 division d of the league city subdivision generally located south of webster street and east of louisiana avenue with the approximate address is being in the 2750 through 28 hundred block of webster street we will open this public hearing at six oh nine pm if there's anybody in the audience that would like to speak to this issue please come to the podium seeing none we will close this public hearing at six oh nine pm and move to item 5b consider take action on the ordinance amending ordinance number 2005 dash 24 to rezone approximately 4.5 acres from RS f10 to rsf 20 legally described as lot 50 division d of the league city subdivision generally located south of webster street and east of louisiana avenue with the approximate address being in the 2750 through 28 hundred block of Webster Street move to approve council McCombs has made the motion to approve again Councilman Jim Nelson a second at that motion it is now open for discussion hearing none please vote further is unanimous and ball res I think I mentioned the roll call center counsel sentencing is not here tonight so we won't we won't go over that again item 5c pair the public hearing on zoning changes application z06 dash one for cats to rezone approximately 10.1 acres from neighborhood commercial to RM f 1.22 and our EMF point 12 to mix commercial use legally described as the west part of wat 28th division c of the lead city subdivision m Muldoon survey abstract 18 and part of lock 28th division c of the league city subdivision abstract 18 generally located south of webster street and east of louisiana avenue with the approximate address being to 106 austin street we will open this public hearing at 6 11 p.m. anybody that like to speak to this issue please come to the podium seeing none we will close this public hearing at six eleven pm and that moves item 5 d consider take action one ordinance amending ordinance number 2005 dash 24 to rezone approximately 10.1 acres from neighborhood commercial and RM f dash 1.22 commercial mixed-use legally described as the west part of lot 28 division c of the league city subdivision m Muldoon survey abstract 18 and part of lock 28th division c of the league city subdivision abstract 18 generally located south of webster street in east of louisiana avenue with the approximate address being 21 06 austin street so rumor councilman john king is made a motion to approve Publicker no sir we we just opened and closed you so this is the vote just like an okay now John yours was to approve correct yes yes sir and councillors unnatural while councilman barber was but yeah actually well if you wanted to start the discussion all yes let me get that ok Jim Nelson I have you as a second correct sir yes ok let's open it up for debate and my barber I don't know who's here from planning tonight you represented plenty of national thank you apparently originally the staff had recommended denial and pansy voted to approve that correct and it looks to me than their analysis that the staff had felt that it was inconsistent with the comp plan that's correct and I was wondering if if we could get some insights as to what the pnc decided if they felt differently or if they thought that maybe we we would have a hard time denying this one in light of others that get approved to this type you know could you characterize that at all yeah I believe a pansy disagreed with staff and they felt that this would be a good location for an additional side that's why they voted okay thank you yeah so the reason I was asking for the clarification is I wasn't sure if you were approved if your motion was to approve or two tonight because we have kind of a staff recommended denial so so this is to approve grown and I would appreciate if anybody has any additional insight i I really don't like going against the comp plan but if P&C really thought that maybe it was a that was consistent with the comprehensive plan that I could certainly support you Thank You Councilman Jim Nelson yes mayor I talked in 2p + Z people on this matter and they both gave me the same answer that they felt that that just was a good place with commercial rather than apartments and apartments would just exacerbate the traffic problem out there and putting commercial out there would did not cause much havoc so I think that was a good decision and I'm the okay thank you councilman kini mayor I don't know if I talked to the same two members but I also spoke with two and they provide the same information if we could I understand that the minutes are not done verbatim anymore and also there's a lag time but if any time that agenda items are coming to us where there is definitely a difference between P and Z's recommendation and staffs recommendation if we could just have those verbatim minutes typed up it'd be very helpful to so that we don't have to go calling around on our own and try to figure out what happened because I thought I was told the tape is available and just didn't have time to get down and listen to the tape and try to figure out where it Q important cue it up to listen to this but if we could just get that very selective minutes it would certainly help us do our job thank you and counseling or barb let me ask you the Menace said that the council McCain is referring to whose responsibility is that okay so I will make please make make a note of that and we will discuss that miracle she gets back I think that's very reasonable request is there anybody else is there anyone else that wants to speak on the hue it seems to be clear at this time the motion on the floor is by counseling kini to approve and seconded by Councilman Jim Nelson so if there is no further discussion please vote four is unanimous motion passes we go to item 5 e hair the public hearing on zoning change application z06 dash 158 lakeside to rezone approximately thirty point three acres zoned rsf seven to rsf five legally described as the lakeside subdivision generally located north of FM 2094 east of enterprise avenue and west of Twin Oaks Boulevard will open public hearing 6 16 if there's anyone that would like to speak to this issue please come to the podium my name is John canal so I'll live and lace that subdivision and we have a problem out there with our life sizes main 5,000 square foot and women last year and a half the Builder that's in there finishing our subdivision has built on 5,500 life the problem is the people that live there most of them only have one lot there are nice appliance now and if the storm were to come in and wipe us out we couldn't go to the city can obtain a simple building permit like any other builder or homeowner in the city limits that have a 5,000 square foot lot for that reason I would urge council to vote to approve this thank you very much thank you John is there anybody else I'd like to speak to this issue seeing none we will close this public hearing at six seventeen and moves item 5f consider and take action on an ordinance amending ordinance number 200 524 to rezone approximately thirty point three acres from RS f7 tourists f5 vaguely described as a lakeside subdivision generally located north of FM 2094 east of enterprises avenue and west of Twin Oaks Boulevard solberg to selection council makini has made the motion to approve a new second I'm sorry Council Bluffs McCombs seconded that motion this item is now open for discussion hearing none please vote four is unanimous motion passes we now move to item number six citizens request for public hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having thank you having an ownership interest in property or business located within the city or their attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult abuse malign or slander any individual shall be cause for termination of time privileges and expulsion from council chambers and our first citizen is Betty space yelling good evening I am Betty speci on his the Sun okay I'm the president of the Friends of Butler long when longhorn museum I'd like to keep this project fresh in your mind and give you some reasons to support this project there is no price that we can put on preserving history museums are built for various reasons for instance like the Holocaust it's it was built so that we wouldn't forget and there are some fun things like the fire museum in the funeral museum that's in Houston I go to the Museum of Natural Science every month have you seen the body works it's an experience i've also been to the Louvre in Paris I've been to the Smithsonian in Washington and I'm from New York so I had the privilege of growing up with thee all the museums museums up there why to learn to learn about the past and will help us with the future we're asking you to preserve the history of the ranching and farming community of League City I will use a quote from marsh Davis of the Galveston historical foundation he said take a hard look at Galveston that was and then support this organization like never before just replace Galveston with League City one last parting thought when you evacuated last year what did you take I took family pictures important documents and I went from room to room and picked up something that meant something to me than my family maybe it was something that you took was from your grandmother or something that meant something personal to you those are our personal histories and that we want to save and there's no price on those documents thank you thank you Betty next week the citizen will be gene d anderson Anderson I lived in league city for 27 years and then history of this town is very important to me and my family I raised my children here now I'm raising my grandchildren in historic district and it kind of saddens me that you know I don't want to see our city through our history away it's important not only to this city but to the state of Texas this is not just ours it belongs to the host state and I've worked on this project from the beginning and I know that it could be a very very good thing for the city and if you haven't been there please go and see what jennifer has done together artifacts history these beautiful longhorn heads she's done a lot of good break for over there let me see what else going to say I think that this would draw a lot of visitors a lot of Tours to our town not only from other states but other countries I mean who else loves the cowboy in the Longhorns the river where it's a wonderful thing everybody has the mystique of the Texas cowboy I'm pleading with you the mayor in this council to please do not let our history be lost thank you thank you Janine and those the only two names I had on the list Ne so we will now move to item number seven which is the congenital consent agenda item 7a through seven i L thank you 7a 37 i down load up the middle got you I'll see it in yellow now thank you let's try to hear will cut that out 7a through 7 l almost that I just okay pro forma and hear the motion America like to pull for discussion of a and I ok Council makini wants to pull a and I anybody else that means it would be be I have one item either to changes to the agreement under cave council should be later we're before we proved them ok below all right a through L and we will pull a I and K put a motion to approve the rest when the council agent Jim Nelson's made motion to approve seconded by Councillor barber item is there any discussion on these issues hearing none please vote four is unanimous motion passes we will now go back to 7a consider and take action on approving the use of capital replacement funds for the purchase of a sun microsystems / solunar councilman john key's made a motion to approve every second of our councilman jim nelson this item is now open for debate something at council makini the only question I have is I'm trying to later on in the agenda where its voting on the capital replacement policy and I'm just are we it looks like in this one we're going to ship to autos and specialty vehicles and that sort of thing police cars totally for the capital replacement fun and I'm trying to figure out where this fits I mean it's kind of interesting because later on in the agenda we're going to actually change what we're calling what we're doing right now so could you just give me a little bit of background as far as this capital replacement fun is so have we had money that we put away to replace the server and it was sitting there or yes sir in the up to this point set aside funds and made purchases through these funds to advise third technology equipment and when the proposal to go forward we're recommending that we limit that to vehicles and operating equipment associated with the vehicles in that future technology purchases which would be handled through the regular operating budgets in the department or if they're large enough amazing qualify as a capital g FD project spending on health thank you Thank You councilman yes so that's Ronald Lee question thank you the rest of the queue is clear the motion on the floor is by council makini to approve and seconded by Councilman Jim Nelson so with no further debate please vote for is unanimous motion passes we now move to seven I consider take action on a professional services agreement between the city of lake city and can't dresser in McGee ink for the design of the new Southwest wastewater treatment plant mirror I would like to make motion postponed indefinitely for discussion Second Council mccomas would like to make a motion to postpone indefinitely yes with this too okay seconded by Councillor makini and this item is now open for debate councilman comes we have my only question I guess it looks like we're spending upfront 882 thousand in total fund 1.9 million has this going out for or if the queue or RFP whether Jack Torry chef okay would you recommend that we go out for bids on this or RFP to try to get the lowest company I guess or enjoy this isn't this is a professional service and you do not professional services out for report gate processing correct but is this the only one that we got back it's awful large sum of money just have one engineer come in embed on it I mean I know that you don't have to but if we receive any other bids or well know it proposed to tomate ologist was not put out an RFQ CBM as the design firm that has been doing the city's major facilities designed the vedala Selma's plant rework and they've been doing our facilities designed for the six years that I've been here and typically in a professional services program is if you if you have a company that has given you professional services to adequate and competent service for a price that you're coupled with you you do not go ahead and go out for our cues because many times it just becomes an exercise of you go out and you have who's familiar with the facility goes for me with the job by time you go back and head design capability and then familiarity with the city you end up with that same program over again when you when you take the thing in put it in perspective the design fees and the fees that are charged or typically based upon a typical civil engineering schedule which is used and when you look at the overall fees you determine overall what the cost no rafi is their overall fee is about seven if I remember it's about seven and a half sent this is very competitive design fee for a project of this size there's a lot of complexity to it because of the permitting and the permitting process that goes through this particular firm has been working with mr. Piper for some months now at with no fee trying to try to get us in a position to be able to get this facility designed and in place there are also the same firm that did our master wastewater plant upgrades so there are you know they are very familiar with the city I understand but this is quite a bit of money 1.9 million lot of professional fees that I think we might have a little bit of competition from other engineers I mean it's a new facility on a new new site plan so I mean there if it was a dallas salmon water plant up i would think that one might be a little bit better but one of the things is one of the things we think we we do not do is take things off of competitive bit professional earrings active they won't then we'll give you a competitive now I understand yeah I understand the process what you can do is look at this proposal if you think this proposal without a line or if you think the firm is out of line you have the right to question that if you feel like you where you can want to do that I mean you can question that but as I said the firm and the fee schedule seems to be very very much in height but you can also go out and get three quotes also a professional fees from different companies just to see if if they are in line did you know you we don't we don't do that in professional services so you just pick some money and say that's what we're going to well no matter what price you know you know a range of their fees in the elder degrees are but we don't go out for competitive bid I'm not saying competitive bid I'm talking about proposals rfps I mean could you not take two or three companies and ask them for the same the same proposals and see what kind of pricing that's coming back from I mean that's what the RFPs is supposed to be for to see if their qualifications meet right did this can be handled out for whatever reason mr. Pfeiffer did not place this out an RFP process who can forgive you this is this is the part when we've been dealing away for four years and have had great success with it thank you sir councilman jim nelson i have probably a question for the administrator but i'll make a statement first i have a problem laying if we're going to delay this costs are going up tremendously in the last few months and it's just going to cost us more money to do this say six months to a year from now than then if we get started now and i really have a problem wasting the taxpayers money if we if we put this on too late so could you give me a little information on that if you have it mr. Pinto the Eastside plan obviously has to get going and it is would be coming back to you within a short period of time showing you we've had some major increases in three different areas for that we've had some increases in the ductile iron pipe the copper and then also we have some issues with the contractors that are currently working or working in other areas that have had some major damage and so they tend to give premium [ __ ] right now and the professional engineers you telling us we need to seriously look at a substantial increase in our cost projections on the east side plan same thing with the west side plan I don't know that I would go just build it today because of that problem but we need to get ready there's a lot of permits and all that need to be applied for you're also in negotiation with the west side and developers as to how this is going to shake out some of the issues you're going to run into is is building a professional plant or letting them get into some packaging plants on an interim there's issues doing that the council's going to have to be aware of this we tackle those in future meetings but they also you're going to be using the CRS or your impact fees to do the sewer plant and that's something that you want to take as much of those impact fees as possible and put in on a plant that we know we're going to have to build versus other items and cause the potential rate payer to pay more in the long run the other issue that's running with the Westside plant as you know in the scheme of things the Dallas plant is still being built has to be expanded to cover a lot of development going on especially on the east side but we are running into issues with the current smaller treatment plant we have across the Blackhawk we have a contract the Blackhawk plant that at some point time goes away and you there's not a question that we're going to get into the plant on that side of town and it's a matter of the longer you delay this process with the pressures of development and the pressures of the design or the TNR CC and the TCEQ now on on the existing plant the countryside plant the more you have to potentially get back into corner and no costly way to get out of it so I just want to make sure councils aware of it if you're going to change if you just want to have another engineer then go find you another engineer based on the fact you want another engineer don't base it on trying to get three quotes from somebody or look at the three coats or even given implication that you're really going to look at the three codes for quotes and base it on that just find you an engineer if you're an uncomfortable with these because it really is an issue if we get into feza bidding and most of the schedules are going to be about the same on this size of projects which is exactly the conversation Chuck Pinto and I had have had on this more than once councilman kini you know when i saw this agenda item on here i was just astounded because as a council i know that one of the things that i was really serious about when we were voting in the puds about a month ago was that the city not get too far ahead and its expenditures before actually something starts happening out there and then when I less than a month after we approve these puds a professional services agreement comes in initially for 900,000 it gets more as you go through the design process I've talked to mr. Murphy today for about 45 minutes I talked to the somebody from the civil engineering firm that's out working out on the west side and I still have not seen a schedule when do we have to do certain things I'm very concerned that we not have to put in infrastructure and then three years later duplicate it to go to a different direction you know that they're going to put a package plan out there and they're planning on having that for about three years it costs about it takes about it there's a permanent process about a year to permanent that brought that package plan just a few months to get it in place a hundred thousand dollars they drop it off they get it installed cost about ten thousand dollars a month to operate well and here we're talking about spending almost nine hundred thousand dollars before do we own the land yet does anybody figured out if we've been transferred that land or how it's not transferred at this time so here we're committing were you know talking about committing to nine hundred thousand dollars to design a plan on a piece of property that we don't even know yet there's a lot of alternatives that we can do regarding this and I think we need to consider this much more comprehensively when we're if we're talking really a 20 million dollar investment here we all knew that it was going to be a large investment i don't think i did not know or feel from the discussions that 30 days after approval the citizens were going to be asked to invest over a million dollars in new belt we all know that growth is going to cost the skirt citizen something there's no doubt about that it's my goal to try to minimize those costs and also to make sure that when the city starts investing in these major capital expenditures that there's something actually happening out there I don't think a bulldozer sitting even on that property yet it's going to be 2008 before they're even going to need their own package plan I know it takes about two years to get permitting for this particular plant that we're building here for the package plan about two years but a lot of that work can be done at the same time and codes and kind of be done at simultaneously with this design work and I think we really need to get from staff a better picture of where everything is going to fit in what's going to trigger certain needs and I just asked counsel to not approve this tonight and not encumber the citizens with a nine hundred thousand dollars worth of expenses for a piece of development that's been we don't even own the land Anya Thank You mayor councilman Barbara do we have a have we hired our project manager yet which do we have potential somebody about to happen does it look or we kind of far away I know that we and our current budget that we're about to approve that we've hopefully increased our likelihood of being able to pay the type of salary that would be required I'm this is one thing that I really hope that to get our project manager before we get cookin too far on this particular thing I think we do need a point person to their first project in my in my opinion should be to get on this and with every concern that was just said by my colleagues I actually share the worry of waiting too long because we have a we have a timeline that we're going to have to wait for and then go and get ahead of ourselves since we know a project manager and we don't have the land and so I don't want to I don't want to postpone this too long and definitely doesn't give you a sense for whether we have an urgency I still want to maintain that we do have an urgent need to get some of these things figured out and get the information worked out but primarily I'd like to see that project manager come online so anything I can do to help or like to get this number one on their plate when we get them in so thank you Chuck what are the repercussions if we work for project manager how would that differ from waiting for three bids because quite candidly in more than one meeting I've also stated that I'm not going to get behind any major project without a project manager so you know we're kind of painting ourselves in the corner I don't want to support postponing indefinitely and I don't know if it's the contract with engineer but I do know there's a downside to waiting because you not have had these discussions more than once yeah I'm not sure the downside the wait is bad if you're uncomfortable the question you have first on the project manager is that you're aware of what we're doing on the budget we couldn't find one you've increased the budget for that that's coming aboard number two you got kind of a major project manager that is also going to be your public works director who's going to be looking at how that's processed when he comes aboard which will be in about two more weeks you'll be here and crystals taking a little while to get caught out remember this is a contract for the design of the plant and also the permitting that goes there's there's a lot of permitting it has to go with the plant if you if you guys are hired today and you said tomorrow once you start I don't want you to wait let's get all the paperwork here to start tomorrow about two to three years process before anything can even begin to come to you with with getting that plan online so you have the process of a group out there that's on the west side that got a goal to have things started in that period of time and do we want packaging plants or do we want something that as they build go straight to disappoint those are major issues to be discussed so it's just just a matter of timing if you want a project manager a board you've got a public works director they'll be looking at this you look forward about to three more weeks it'll probably take him a month or two to get call it out just be aware the times the times ticking counseling thing you know just to kind of reiterate its I think we definitely need to have a some kind of project manager on staff to even review this professional services agreement to take them and follow this process the whole way through and it's kind of interesting because there's other cities out there and we talked as a city about having an adequate facilities ordinance that said you know what the city isn't even going to issue boat building permits until it has the facilities to do things and it's not going to build facilities until it has the money now that's one very far extreme I'm certainly not saying that we we do that but these packaged plants can handle the capacity that was part of the whole process of discussing our mud agreements that they were going to run a package plan we even had to vote on it again our city attorney changed language in there because we weren't sure who was going to run these packages package plan and actually we can actually sniff if need be with a with a minimal lead time of about 12 months to 14 months they can actually double their capacity out there with another package point and everything has to be timed very well in this whole development because you know we do not want the citizens or the city of League City to get real heavy and to infrastructure out on that side and then something happened what if the economy goes down I don't know I don't think it will I think we're doing I mean it's it's very well but it could go down not only that but we're not getting any income from there so everything has to be keyed as to trigger points when do we need to do this why do we need to do it then and and those trigger points will move based upon the development that's occurring out there and also the the permitting process and the things that we have to do and there's a lot of options to to handle these needs out there and unless we really get stamp to kind of line something out and that's what a project engineer would have done for us if we had one was they would have been able to line things out sit okay we if this is councils goal that the developer only installed one package plan out there and never have to double up on another package plan then when they get to this capacity we have to be permitted and then you just start backing things back and you know exactly then win things trigger and also if development gets moves faster you can adjust those dates if it moves slower you can you can back it down and I mean this is this is our as a council this is our biggest investment yet since I've been in here for three years we're talking how much are we talking for an estimate that's a 20 some odd million dollars if we're if 21 million dollars total for this project and and right now we're talking about an open expanse of 5,000 acres out there and we're talking about spending right tonight a million dollars of the taxpayers money on essentially what's a cow pasture right now I know it's going to be big I know there's lots of great things going to be happening out there it's let's not jump the gun on this council McCollum's mr. Pinto when do we have estimated the properties when we did it over to us you know jack how far were probably at least another 30 days minimal also not remind you if you look on page c2 of that contract what count makini just described is what is part of this contract on project management a where they'll work into one and two where they'll work with us and work on those kind of schedules and now that's their project manager that would work with our adorable at work directors this is a key part of this contract because even though you do the contract there's elements that come back to the council in this planet stage which is an important part of their design work but I will take at least 30 days maybe not a little longer ports and in our hands the reason i postponed it indefinite because i really don't have a date i'm not saying we should go a year or two years obviously if we want to put this back on the agenda in 30 days to 45 days we all have a right to do so indefinite just parliamentary procedure to to state that i really don't have a date i mean if we would like to place it back on the agenda i'm fine with it but i mean i think our concerns going to be addressed as mr. Keeney mr Barber stated before and again we do need professional engineer but it started pretty soon but you know last time I talked about the property we were uncertain if we were getting 11 acres or 12 acres or you know what what does happen if we if we go ahead and sign this contract without the property and pina I mean I would at least like to see the property in hand say let's move forward with the professionals but we don't even have a property yes captain Jim Nelson has I'm going to withdraw my objection I I agree with counsel makini I think I think we better look little harder this even though it's it's going to cost us some more money later on down the down the road drumming I don't I can't get I think we need to look at this and looking for hard before we invest in there again we don't know that the economy is going to take a turn down we have no way of knowing this but to spend this kind of money right up right now to be drawing for us to do that council makini oh yeah Thank You councilman because you know one thing that was very interesting when big league dreams came about there was all this push all this push all this push and about five months after we signed and operations and maintenance agreement we actually went out and spent money in a sling back tell us how much this is going to cost and Lynn back came back and said it's going to be 20 million dollars that's like whoops we you know we we thought it was going to be you know I wasn't on council at that time but council at that time thought it was going to be about 14 million they already signed these all these contracts also that comes back and it's 20 million dollars what I would and not only that but we talked as a council about the importance of of go ahead and making an investment and that investment in this case maybe to have this same company because they seem to be pretty well qualified we're using them now and I think they're probably very well qualified I think what I actually would like staff to do is go back and get a recommendation from this company and say you know what this city really wants to know you've done our wastewater master plan you really know where we're going as a city with our wastewater system let's spin some money and really figure out how this is going to flow when things have to be done when or where are we going to have to do things what things are going to have to be done and you know I think that's what we need do it as a business person sometimes it cost you some money in order to not spend not in order to not lose money or spend more money than you should have at the very end and that's kind of what happened to big league dreams at big league if this council at that time would have spent two hundred thousand dollars before they started signing contracts then they would have known that the price what the price tag was going to be and I think what we really should probably contract with this company to schedule out this whole time period when things need to be done because there's a lot of lift stations that are going to go in out there there's a major waste water lines that are going to go on out there and I don't want the city to spin again money putting in a line throwing something over to the east side when eventually it's going to go over the west side but now we've got to do it over to the east side you know because we don't have the plant ready over there so as a councilman I think we need some some project engineer and it may be that we just have to go out and pay for one right now it's kind of give us the ability to know when this money needs to be spent when we really have to commit the taxpayers money to this project thank you the motion on the floor by Councilman comes to postpone seconded by Councilman kini please vote four is unanimous motion passes we now move to item 7 k consider take action on approval of a professional services agreement and for the construction materials testing of palomino road improvements will get a motion a second or lecture has some to say you're the one that's quick home home late emotional second ok what's your motion on the brew tape of councilman jim nelson motion to approve and I did not see a council McCombs has seconded that motion and it is all and once you lead us all its primary mayor council in reviewing the fine print in this agreement there are a couple of changes that I would recommend the council up top as a condition for approving agreement you may have a copy of an infinity but there is an attachment to the contract called agreement for service and in the paragraph number six which is a limitation of liability provision essentially it limits the liability that's consultant to fifty thousand dollars unless the consultants of general liability policy will pay the claim my recommendation is that it be revised to say that this limitation of the two thousand dollars doesn't apply if they're if both their commercial general policy and a professional liability policy either covers or pays this particular claim that's one change that I thought I think going to be included in paragraph 11 on the dispute resolution provides that the agreements be governed under Kansas hold that should be stricken it should be Texas home and then finally under paragraph 14 it talks about the city agreeing to pay the consultant the fair market value of any equipment that they might be utilizing that taps into a hazardous substance in the course of performing their services and also that the city agrees to indemnify the consultant for any claims that may arise from there having tapped into a hazardous substance or a condition during the course of their performance of their services I just don't think that we should be doing that I think those provisions ought to be stricken and my recommendation council approve the agreement with those changes okay this have you not tried to negotiate those changes already this agreement was on supplemental and it'll I only had an opportunity to look at this one weekly personally I have a copy disclosure because it might it is my opinion that all especially things as obvious is litigating in Kansas vs Texas that's something that should be done from attorney to attorney before it gets to council right well we can either postpone this for lights of this but this agreement was provided to us over the week okay I'm just I was curious I just might know and accept your answer councilman jim nelson do you want to make a motion to approve with recommended changes from the attorney yes just both later and Councilman covers you want to continue your second yes sir will ok this item is open for debate hearing none please vote fours unanimous motion passes we will now move to item number eight reports from staff members zero item number nine old business a considerate a factional wardens 2006 dash egg to amending section 18 dash 10 of chapter 18 of the city of League City Code of Ordinances title this position of impounded animals it's the second reading move to approve Catherine Combs has made the motion to approve Councilman Jim Nelson the second to sorry Phyllis you okay and this item is now open for debate hearing none please vote for is unanimous motion passes item 9b consider take action on ordinance number 2006 dash 8 1 amending chapter 70 of the code of ordinances of the city of League City Texas and title defenses and miscellaneous provisions by the addition of a new article 3 entitled regulation of sex offender residency this is the second reading moved to a brood council mccombs made motion to approve second dead by Councilwoman Phyllis Sanborn this item before I open it up for debate if there is any I want to again commend pillows for a good walk in and I think some good concessions on the one issue that was brought up so good work there a debate on this issue council mccombs also I would like to commend housewarming Sanborn this is our first ordinance and it was campaigning promise so I certainly do thank you very much it's a great ordinance and she lived up to some of her campaign promises already so I do think I do want to make a comment mayor the approval is with the changes sir as stated and Councilman John Keenan just real quickly Mara also thank my Sanborn for the give-and-take to consider the different combination I self and other council people and I really appreciate that because I think this is important ordinance and I certainly supported hasslein Jim Nelson I would just like to commend councilman Sanborn for her diligence and getting this to us what the changes appreciate that very much and we're working we're going to do it I have so many things to Sam just cuz I councilman Barbara let my turn can I just say that everything else I've I says I think I told you this before but also not be the one excluded from commenting positively bunch if I don't at this time so reaffirm whatever you say nice job helpfulness and alone well this is it just my ordinance this is our audience this is the city's ordinance this is the council's ordinance and I want to thank the league city police department particularly detective Morey grant please here tonight for doing the legwork on this it was a privilege to work with you on this detective grant and it'll be good for the city if it passes tonight but it passes tonight okay hearing no further debate please vote for is unanimous motion passes item number 10 new business 10a consider take action on the approval of the resolution amending resolution number 97 dash 13 approving the city of Lisa T capital replacement funds policy so goober councillor Kings made a motion to approve it seconded by Councillor Mike Barbour sightings now for debate hearing none please vote you guys were equipped with an icon for unanimous motion passes ten be considered take action on a resolution consenting to the cell and issuance of unlimited tax bond series 2006 for Galveston County Municipal Utility District number six and authorizing and directing the mayor to execute and the city secretary to a test same for and on behalf of the city we move council Jim Nelson fed motion to approve second seconded by Councilwoman Phyllis Sanborn sightings open for debate hearing none please vote for unanimous motion passes 10c consider take action on a resolution consider to the cell and issuance of unlimited tax bond series 2006 for South Shore Harbor you view Municipal Utility District number seven and authorizing and directing the mirror to execute in the city secretary to attest same for and on behalf of the City College in Nelson's made the motion to approve so you councilman Mike ball count on Tommy cones a second to that motion is open for debate hearing nine please vote for gene Anna's motion passes tnd considered take action approval of the use of municipal court technology funds for the purchase of 15 panasonic m the WD to electronic ticket writers for the police department so move now McCombs has made a motion to approve counseling Jim Nelson second of that motion this item is now open for debate councilman john keenan chief i just have a quick question can you just real quickly describe how this is going to work how the the tickets are going to be transferred from these handheld of electronic to riders to the municipal court system and also to the pd system I mean it sounds like it's going to save a lot of time and about frustration well it is i don't i don't have that exact information on exactly how it works with it with the issue you know from our perspective is the officer safety issue of there's other means to do it it would require the officers sit in the car and etc which is a you know a definite officer safety issue that you can't monitor the activities of the the occupants or violators and a vehicle that's our you know our issue from our standpoint I believe councilman that we're also going to have scanning capabilities of thank chief with the units where you can actually i kin the swiper darts white cards where you could actually scan it and in information goes into this device through the OAS SI and it's a city of webster and city of antibodies in the process trying to get it also and then does it immediately go into our system or do they have to take it back to the pd and then download it i think it goes into automatically in this one of the benefits is what happens if i took a class that's the only reason i understand does the head of our outstanding wants okay she goes into the county system and also checks if it's the same thing I believe it is is that sound right paper you're not sure I mean you know i'm not exactly sure on that but it is feasible because of the the NBC lake so ok the kept the motions of find out personally okay yeah we can arrange that we got so i tried him up on the way out tonight okay the motion of the floors counselor cones to approve seconded by Councilman Jim Nelson to approve with no further debate please vote four is unanimous motion passes passes item number 10 II consider take a chill and request to approve a private streets agreement for whispering lakes ranch section three phase one certainly councilman jim Nelson's made the motion to approve second second by council Mike Barbour no I'm sorry I'm sorry I can't my apologies seconded by Councillor Tommy Collins it's salad for debate hearing none please vote you guys are waiting on them we're for is unanimous items 10f consider take action on a request to approve a private streets agreement for the village of tuscan lakes section one will move councilman jim Nelson's made the motion to approve circuit councilman Cohen's is second to that motion it's now open for debate hearing none please vote further is unanimous motion passes item number 10 G consider take action on the compensation the benefits for the interim city administrator I'll make a motion for discussion council when Sanborn has made a motion to approve for discussion or just are just to discuss that's fine to discuss second second date by Councilman my barber before I open the floor up let me just say that most of the lyric yes sir just for parliamentary procedure of electrical air ification from the city attorney I think we have to have a motion to either approve or deny because it's an action item I believe this causes Craig release if you really want to follow you no problem any procedure to the T here there should be some kind of an action item uproar I will say however that a lot of instabilities do have what's called a motion to discuss council was to depart from standard practice that's afternoon mayor I kind of like to have this an executive session in this will be talking about the previous performance of this individual yes i will let me let me speak into this issue just real briefly boy do we have emotional all right I understand I understand and that's why it is in two places it is on it's in new business as well as executive session that we're going to accept Councilwoman sanborns motion to discuss if templin bubble will keep his second yes okay absolutely and the only thing that we lose if we go to executive session first of all the employee which is of course chris reid has no issue with it being discussed in public the biggest liability of going into executive session is we don't get to take Chuck Pinto and as you know Chuck pintos with his experience and how everybody feels about and he is the one that drafted this recommendation he can speak about it out here in public but can't go back into executive session as it pertains to his replacement is that correctly stated Chuck so I wanted to leave it on the open session and then let the council make that decision however you wanted to make it it can address that after we get back out of executive session if there's still questions that need to be asked and throw sorts of things absolutely councilman councilwoman Sanborn when I look when we got the survey of cities and and salaries from this area of it areas I felt like that with our deputy City Administrator that recently left making quite a bit less than the S I felt like 120 thousand dollars was too high of a salary or an interim city manager that had no experience in that job so I I would certainly discuss this during executive session but I would think something more in the 105 209,000 dollar range would be very well compensated interim city manager sound Sally ok and i want to say as well since we've broached the subject in public I'm okay with that I I got I felt like it was a little high I think that Chris will grow in to that salary in due time I don't know how long stint will be here but i did in talking to various council members get some pushback on that number and have spoken briefly with chris read about it and of course he is anxious for the opportunity he says he doesn't want to get he doesn't want this to be a stumbling block and Councilwoman Sanborn actually came up i approached her tonight and was discussing this issue and and i think that she has a good idea good idea as far as setting it somewhere around Chris Piper's salary the deputy City Administrator of 109 I think is a very reasonable and rational starting place so again I had some pushback from Council over the past week over this issue and I personally more comfortable at 109 then 120 as well and I have not talked to mr. Rainey in reference to that I just feel like that salaries too hot is there anybody else on the cube council Macomb now just like you make a comment mayor either way goes tonight I think that the email that we received from mr. Pinto here stating servers 120 thousand six hundred a month for car allowance a hundred for cell phone allowance so 2500 that will go into his deferred compensation package every six months so that mr. Reid can educate itself and and it states here that it's going to take some unusual extra time for Chris after hours just steady and educate himself this was my point when we went with mr. eat even though i I'm I'm very good friend mr. Reid and think that he does an excellent job in the police community this is one of the reasons why I did not want to take from somebody from in-house to do this job also I have some concerns and i want to counsel to be to be aware of it before you read it on the blog or anything else i am asking for a AG's opinion because I think we're violating the law with the civil service rules so I do plan to move forward and look at that because there is some concerns there that mystery does come in this job he may be given up his simple servicing and will not be able to go back to civil service in the future saw do have some concerns there but if you pass the salary tonight I don't plan to pass anything at this time because of the concerns thank you and I will say that this read met with me last week and has already requested his own AG opinion I don't know where he hears things from that obviously must be the same sources you do because he told me last week that he did intend on that very day to to do that and I think that those wheels are already in motion there seems to be some discussion about that I you know whatever it is it is i'm going to protect the young man's civil service whatever to whatever degree that takes if he a lot of chiefs moved into that position i believe thats out Chuck got his start so you know we want to cover all those bases and I think that's I think Chris had a legitimate concern and again proud of it for thinking of that councilman tad Nelson ha just briefly I just want to thank Tommy for doing that little extra that's very important that's a lot like Jon on the wastewater deal you'll take that an electrician in a mental ward thank you Collective Council McCallum again I'm still concerned with the twenty five hundred dollars siphoned every month I think whatever salary y'all do plan to give them we ought to stick with a salary I don't think need to be given stipends to city employees because they're doing their job so I just have a problem with that also i think the stipend was twenty five hundred dollars every six months why didn't you just would soon I thought you said every month no sir number six months Phyllis do you want to well first of all is there anybody else on the queue I mean there's no one else on the queue so tell us do you want to do you want to amend your motion to bring the salary down to 109 and see if you could get a second and go that direction I would rather wait until after we go into executive session well can we come back and we can the city attorney notified me that it is not own executive session but probably could retire the executive session right you certainly can do now in election I have the language if you wish to okay I'm going to make a motion that we give him one hundred nine thousand dollars and the startup salary and they'll be giving all his allowances that Ezra has requested by us repent oh okay councilman Ted Nelson has made a motion to give Chris 109 down from 120 and maintain the other benefits yes is that correct ok that's the motion on the floor to mr. Nelson clear pipe because it says you might want to look at twenty-five hundred dollars deferred compensation at this end of some designated time provided and I think six months it was that what you were suggesting chugging in any fraction they're out there would there would money any pay put that offer of it so like if he was there five months in 20 days he wouldn't receive that so at the end of each six months so he's there six months you know 2500 he's there a year he did another 2500 that's how fair mr. Fenton he is let me make it clear the way I did the survey we just took a survey and that's what's my hand you base if you want a more or less based on the experience the individuals I can't get involved in that part of it and you see the salary the car allowances and the cell phone allowance is based on what I know that especially Carlos and cell phone what can I do if not more the suggestion in here came in is something to give you ideas on regardless of where you said that salary of things that I've seen done in other cities when you're sometimes when they'll provide incentives for either somebody that's stepping into a position that has to do a lot of extra time so that's best the framework of providing to you and then you take off from there based on experience what you want to do that's why I threw that out something that happened quite a bit yes somebody like that they have time frames and their performance measurements with it I feel comfortable to six months okay so your motion would be to the compensation package would be 109 the call-outs a cell phone allowance and then a stipend of 2500 if he's still in the position in six months yes and then if he's there at a year another right okay is that motion clear second councilman Mike Barbour has second to that motion Serena just real quick and win of information a weakling into executive session for service for that if it passes probably not like that Chris wanted it done out in public I'm trying to respect those wishes as well as the wishes of counsel with ya council makini mayor I just want to make sure that I haven't heard of a plan yet for finding a food city administrator and I really think citizens want to see a plan I think in the past we haven't been very aggressive in our plan we're getting people hired out from underneath us by people by cities that are aggressively pursuing upper staff of their cities I know that in a recent budget we haven't discussed any amounts of money for head on her fees or personnel consulting i know it cost us i think i thought it costs us joy masuda cost last time you know was that about 12,000 yeah because i think they went up some war because we had to go back and they actually added more money into it and if we could get that out to the public you know my idea is you know what my idea is because i've talked about it we need to aggressively pursue city probably assistant city administrators or deputy city administrators that have been in the business for five to eight to ten years that are ready to make that step to move into a city administrators position a city that has aggressive growth they're all over Georgetown in austin area all the cities around dallas and I'm just I'm want to make sure that we're you know I appreciate Chris stepping up I think this is a reasonable salary however think the citizens need to hear the plan of what we're going to do and what the time for any we're going to expect and I'm looking forward to hearing that from duly noted Councilwoman Phyllis and boy I agree with Councilman teeny I would hope that we would have somebody in place within a year I do believe that we can hire qualified person within a year so that she free could go back to the police department is choosing are you know perhaps a nut topping would apply for the job but in order to get this passed and I I wonder if the twenty five hundred dollars every six months that he's with the city assuming he's going to be here a year which I've heard in discussion I wonder if $1,500 would be more and likely to getting the salary package pass how's Matthew led the major no jobs more than fair okay councilman Nelson will amend his motion to $1,500 every six months councillor barber yes someone's okay he maintains his second Thank You Phyllis okay what open debates all dies or anything else to be said there's nobody on the queue okay the motion on the floors by Ted Nelson second by Mike Barbour for 109 a car allowance of cell and fifteen hundred dollars every six months to be put into the retirement fund with no further debate please vote for is Mike barbers John Keaney Jim Nelson Ted Nelson Phyllis Sanborn opposed councilman Tommy cones motion passes we now move to item 11 a considering take action on an ordinance amending ordinance number 200 to dash for Sue relating to deposits rates due dates and discontinuance 'as for water and wastewater services here counselor discuss this but mr. powers we wanted to have this pulled off ok put up to North the next agenda pretty good okay item number 11 a has now officially pulled off before I run down the rest of this item because we have some of the issues I want to commend the council regardless of how you voted on that issue for the for the open and honest exchange of debate on that issue that's a tough issue the city is going to move forward and I'm extremely proud of the way you guys handled that item number 12 tabled item subject to recall none 13 council members comments and reports council mccombs America I believe I have any written Thank You councilman barber I just want to say thank you to everybody involved with the joint meeting that we had seems like a long time ago I think it was last week with the school district thought it went really well and and I think we already have one that's about to go on the books man with presentation by League City so I'm really excited I think it's a your plan of meeting quarterly with them is working I think it's the tone is very good and I think the communication is falling really nicely so I just want to thank everybody involved in that also I just wanted to call to people's attention as I did with the mayor just prior to our meeting tonight is an article in the Galveston County Daily News and they're talking about some of the leadership at utmb and some people are questioning the wisdom some state lawmakers representative level covering the area pushing the wisdom of having a new clinic open up in in wig city while they have gone through the process of layoffs I've already called our representative and asked for support for that it's important it there's a good business plan behind it it's important for league city it's important for utmb so I asked you to do the same in another mayor's following up on that too I would love to see the clinic that's been announced the league city to go forward as plan so that being said thank you very much Thank You calphalon Barbara Councilman Jim Nelson guess my first of all I'd like to thank everyone for coming out tonight it's good to see the citizens come out and listen to their government and actions I think the staffer are there good work tonight and as usual all of them and I have some library happenings here a new history club will meet in the Susan Matthews memorial theatre on Tuesday august 10 second at 7pm read for the record a program supporting early literacy is being offered in cooperation with the new starbucks coffee shop starbucks employees from the new store located on FM 518 and highway 3 will be reading the little engine that could in the Susan Matthews memorial theatre this event takes place on Thursday August twenty-fourth at 10am and at 7pm also go to WWE for the record org registration for the new fall story times begin on Monday August twenty-eighth at 10am and finally the fall story times begin on Tuesday September 12th at 10am for toddlers and on Wednesday September 13 at ten a.m. for preschoolers please support your library it's very important we need our children to read Thursday Thank You councilman tad Nelson no comments councilman councilwoman Phyllis and boy I just want again thank my colleagues up here in the passing of the ordinance regulation of sex offender residency I want to again congratulate Peggy Zeller on Peggy's our day and I want to thank you all for coming out and let you know that I am very proud to serve on City Council here like sitting Thank You counsel McKinney maybe we should adopt the the little engine that could is like our theme our theme book for the city because I know staff and council really have strong you good John dealing what are the doing with the growth and we deal with all the time no Mara my main comment tonight and receive an email last week from the Bay Area bluegrass festival they held the Texas State mandolin championship here in league city the estimated over 700 people were there young man from New Mexico is actually going to be representing the state of Texas in the Nationals what really impressed me was they were having a drawings and for like raffle items or something but instead of having to actually buy a ticket to go into the jar they axed you actually had to put a receipt from something something that you bought in league city and put your name on it so we had all these people coming from outside of League City the way that they got in the drawing was to spend money in league city and I think I just really want to say kudos to that organization for really recognizing the benefit of these type of events and organizations that bring people to league city that we may not ever hear about so I just want to say give my hats off to the berry blue grass plus Association thank you we now moved out in 14 mayor's comments again I want to throw that back at councilman barber I did not see that article today it should be forwarded to me by the time I get home but I will tell you that I will get with Councilman barber and any of the rest of the council that shares our views and have a unified front and a response and a proclamation to the utmb issue and I will obviously call dr. stobo tomorrow and start that process and see if he's interested in anything that we can do up here on our TV network with our citizens I think it is vitally important to get that type of commitment and that type of Commerce in this city to say nothing of the health care so thank you Mike for keeping me posted on that because that one slipped by me again good job by everybody tonight and on the CCISD we also have decided that our future joint meetings with ccisd will now include our Chamber of Commerce so the party just keeps getting bigger it's just still sunshine in the league city everything is beautiful here and we'd love to have the citizens come to those meetings that will be well posted and that will now be the league city council CCISD board of trustees and the chamber of commerce if all is welcome item number 15 items added after electronic agenda none item 16 executive closed session from the supplemental item number a Texas Open Meetings Act section 55 1071 government-owned consultations to the attorney discussion with city attorney regarding complicated litigation against MIG Purkiss rose or si for dis design deficiencies at big league dreams project top 5 10 7 1 the city council will now go into executive session pursuant to subchapter d of the Open Meetings Act section 5 51 government code on this 20 second day of all 2006 @ 7 27 p.m. 551 government code which states that government codes may not conduct a private consultation with its attorney except when the government of body seeks the advice of its attorney about a pending are contemplating litigation or B is settlement offer or number two on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct and the State Bar clearly conflicts with this chapter we're now in executive session okay hold on a mug item number of 17 action items and the City Council has completed its executive session on this twenty second day of august two thousand six at 745pm the city council will now reconvene in open session there was no final action decision or both with regard to any matter consent of the new executive session just concluded item 17 a decision so national consultation to the attorney regarding complicated litigation against MIT purpose rose or aside for design that this existed project moved as in the changes that were provided by the attorney when i set the agreement as a [ __ ] about the change us or anybody attorney where's the motion made by counsel vinyasa take it we're checking the backgrounds from John Cooney decided was open for discussion there is none please vote for izz councilman columns kini gym now son Ted Nelson and show a stand born opposes helping my party or she passes no further business meeting you you {00:00:55}	INDEPENDENT
9	4841980	Texas	League City city	MUNICIPAL COUNCIL	NaN	NaN	NaN	NaN	NaN	NaN	NaN	NaN	83560	84085	98312	81136	8009	20271	100832	UCadNIUcS5YV31Ytn75O9DDg	Jimmy Trojanowski	uesAJrl20U8	League City Council Meeting for July 25, 2006	This file was provided for public viewing by Jimmy Trojanowski, Program Director of Ballot Cast Network with cooperation from The City of League City. You can visit our League City site by going to www.leaguecity.biz or the official League City site by going to www.ci.league-city.tx.us. Hope you enjoy.<newline><newline>Ballot Cast Network<newline>Program Director: Jimmy Trojanowski	57.583333	2011-04-25	4	2006-07-25	{00:05:49} the City Council has just completed its executive session on the 25th day of july 2006 @ 6 13 p.m. city council will now reconvene in open session there's no final action decision or vote with regard to any matter considered and the executive session just concluded item 3 a considered taking action on consultation to the attorney regarding pending litigation against city in civil action number h 0 5 1080 Kenneth salmon versus city of League City Texas we want to get a motion to approve to the twenty four thousand dollars some little error yep Councilman John Key has made the motion to approve up to twenty four thousand dollars in the settlement seconded by Councilman columns all right let's boot up our software here this item is now open for debate okay hearing none please vote for is unanimous with Councilman tad Nelson out for the rest of the evening motion passes item 3b consider take action and consultation city attorney regarding compensated litigation against MIG Purkiss rose RSI for design deficiencies that big league dreams project we want to get a motion to approve up to seventeen thousand dollars to contribute to the cook to the cure contingent on our consultant approving mayor make a motion to approve up to 17,000 with all future responsibilities for the cooling system that costs be borne by up Purkiss rose so the 2330 okay captain bikini has made the motion to approve a psalm of seventeen thousand three hundred and thirty dollars to contribute to the cure of the HVAC system with contingent upon purchase rows of something all responsibility for costs than any other responsibilities or any other air conditioning okay needs very good and Barber you got that and Councilman combs is going to second that still ok this item is now open for debate council including marriages for the benefit of the citizens Lucas Rose provided in their drawings for big league dreams use of and evaporated Hoover typically used in dry climates kind of went through the system seems to be have been known by Purkiss rose by engineers by the city and it's obviously the fishing out there the and as the big league dreams being owned by the city we are responsible to big league dreams Texas to make sure that air conditioning system is adequate and purchase roses bearing the cost of all labor plus an additional seventeen thousand three hundred dollars and we're going to chip in seventeen thousand three hundred dollars to cure that thank you any further debate on this issue hearing none please vote for izz councilman combs kini jim nelson chris henderson and phyllis Sanborn oppose councilman Mike Barbour motion passes item three c-considering take action on a purchase of real property 8712 square feet possible and for right of way for called the road he removed to improve the negotiation for the party on the road up to the amount of 28,500 Thank you Thank You counsel McCombs has made the motion to approve the purchase of the land up to 28 thousand five hundred ninety seven dollars and that was seconded by Councilman Jim Nelson this item is now open for debate hearing none please vote for is unanimous the ladies and gentlemen I'm going to adjourn this meeting and we will have a one minute or two minute fall so that our city secretary can change the tapes and then we'll go straight into our normal meeting okay executive session is now adjourned nothing worse than a fat man throwing up okay ah we're ready to roll City Council at City of Lake City regular meeting July 25th starting at six nineteen running eliminated from an executive session will now call to order carlo jury shorts here councilman Ted Nelson nog barber Thomas combs present chris jamison prison till the Sanborn John kini here Jim Nelson era okay item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag the invocation tonight is bypassed the Richard Sumner of the New Hope Baptist Church and this would be a good time to turn all of cell phones and pagers to vibrate please pray Lord were grateful people as we assemble here tonight very thankful for the great land in which we live the freedoms that we enjoy we thank you Lord for our community and its leaders thank you for our churches our schools our neighbors thank you Lord that we are most blessed of all people we also pray Lord for three things tonight in particular number one our troops that are in harm's way especially those who are in Iran Iraq and the country's there in the Middle East secondly Lord pray for the peace in the Middle East that is so desperately needed is is the area continues to heat up the third Lord we pray for wisdom tonight wisdom for each of these will make decisions Lord that each decision that is made will be for the good of our community the good of our people the Lord Bay wisdom be given to know and discern even what's needed in days weeks and months into the future we simply ask Lord for your provision for each tonight we pray your blessing in Jesus name stay back by men but allegiance to the flag of the United States of America and to the Republic for which it stands one nation indivisible with liberty navarro on why i pledge meeting all right we're now move to item number three approval of minutes we have jun 27th special meeting jun 27th regular meeting and jun 28 a workshop are there any changes to these minutes hearing none of these minutes or so approved item number for appointments proclamations presentations and awards councillor Marek foolish to alex johnson okay for a is pulled to the next council meeting for b is a supplemental which is recognition of a congressional grant for the loan of a personal watercraft awarded to the league city volunteer fire department by Councilman Jim Nelson telling us if you saw me come there so they from the fire department supposed to be here to talk about that but I don't see them but the congressman Ron Paul's office has made sure that there was some monies available to get a watercraft for the fire department on the loan to the city I don't know exactly how long that loan is but I sure wish somebody from the fire department was here to explain the whole thing well councilman i will say that they made that the fire department was in my office about two months ago it's a great program a lot of the municipality out you Nissa policies that are on the water or getting that type of buy-in and Yamaha gives them that that jet ski or two jet skis for up until the winter I understand and so one year is it one year this works those okay and and we all we have to pay the insurance on so it's a great program yes well I appreciate you explaining that and then Mara I just think it's a great thing that our department was on the ball to be able to get involved in something like that very good okay all right that's more be we will now move to item number five public hearing and action item from public hearing for the first time in a very long time we have none we will now move to item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city order attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult the views millian or slander any individual shall be cause for termination of time privileges and expense from council chambers the first citizen is needed Kettner good evening mayor mayor Koch and City Council members my name is Nita Kavner and on a resident of League City for approximately two and a half years in the leisure lake subdivision off of 96 East recently KB Homes has taken over the subdivision after the former owners went bankrupt due to illegal internal activities as one of the residents and taxpayers of this city I am delighted at this turn other this and we have been anxiously waiting for a new owner to take over since the beginning of this year i have seen care not keep of the grounds as well as landscaping of our subdivisions since the takeover future plans and improvements are very exciting and anticipated but there's things to be a glitch in the advertising system to sell kb homes according to tony in the building inspections with the city there are ordinances to protect lives flags and advertising for companies and subdivisions and restrictions on size and location of signs as well as banners tony mentioned that other subdivisions have asked for various to display their advertising awards at the intersection loop Calder and Britney bay and they will expire in just a few months and no name and no new ones will be allowed and on Tony's own words KB Homes chose their location and let's stop for the consequences the leisure lane exit off of 96 East is very hard to see until your ride upon it and the streetlight hasn't worked there for months our building inspection and inspector also mentioned that the other subdivisions have paid fines to the city to be able to advertise anywhere from hundreds up to six thousand dollars to me it seems like it's some sort of a form of legalized extortion but that's just my opinion and this was picked up with the chapter 90 code order for scenic and non scenic byways or the spine penally Katie Holmes is a law abiding a reputable building company within this city and throughout the country they have been on the show extreme makeovers and donated their time talent and supplies to the Navy when called upon this city needs companies like kb homes to improve and expand this city thereby allowing more taxpayers to move to our fair city the residents of leisure lakes televisions have suffered end up by way of neglect and our property values have increased but we remain in an area that is stagnant as the pond in front of my house due to lack of growth katie holmes is our Savior and the City of Lake City should allow an especially weigh-in of the ordinance to advertise to the public for their location and I like to make a note that a city secretary or I'm sorry Billings managers Sean man that's never returned my call this afternoon thank you neither that concludes item number 6 that was the only citizen that we had tonight so that we now move to item number seven which is the consent agenda item 7a through seven I be removed to approve 780 through savannah council McCombs has made the motion to approve the consent agenda in its entirety 78 through seven I seconded by councilman Mike Barbara this item is now open for discussion Councilman Jim Nelson yes items d e and f have stipulations by our staff and I just wanted to make sure that the stipulation was go along with this first and second thank you very much council Nelson I think we discussed it at the last meeting says it is on our agenda sheet and it clearly says staff recommended approval subject to stipulations any motion from now on when this is on the piece of paper will go into the record unless it is omitted so thank you very much councilman john kini ya mera just had similar comments about the utility agreements the city attorney and made changes and so on to make sure that those work that that's what we were voting on here tonight thank you very much so the first is by Councilman Collins a second by Councilman barber but no further discussion on this issue please vote for was unanimous item number a report from staff members Cesar got none item number nine old business 9a consider take action to enter into an agreement with why call construction for advanced funding and reimbursement for engineering and construction of an 18-inch general benefit water line along Columbia Memorial Parkway to provide funding merrell move to approve so good with the lowest bid being patriot utility councilman Collins has made a motion to approve with the lowest bid being hit I'm sorry it's patriot okay I don't have that on my stream sorry Tommy I will but y'all patriot because that just I don't utility okay and that is second at our councilman jim nelson and is that correct yes okay this item is open for debate councilman Cohen's Mary just had a quick question for staff under the bid tabulation of similar concern we had five bidders under item number five an item number seven I see a large difference for 28 inch 18-inch gate valves a thousand dollars compared to 16,000 I just want to make sure that we don't come back later and ask for change orders does that appear to be appropriate risk factor for the size of valves Jack I'm going to have to defer to mr. Murphy in this okay thank you I just save one for sixteen thousand dollars the other one for a thousand that's quite a bit of spreading in bids mr. Collins I I see if you look at vintage construction there were their numbers were sixteen thousand one thousand why these people bid like this this may be something they had left off another job it may be frightened my concern was with the laureate does that five thousand dollars they have been getting la mirada consultants that they are a proper data okay thank you sir I believe in addition and Jack and correct me if I'm wrong but I believe that this if agreed upon and accepted by counsel mr. wipe off my [ __ ] construction agrees to take any cost overrun above the amount is that not correct jack that is correct if the phone number know nothing about it thank you okay any further discussion I have the first on the third floor council McCombs seconded by Councilman Jim Nelson if there's no further discussion so easily rare I heard my oh I saw John I didn't your wedding on mine went on my fan go ahead Catherine Keener I guess what was just mentioned to me was the question is is is this cost overrun agreement with John wyckoff was fact something that's been writing or yes it is he is certified that he would not there's a rear partial agreement catchy certified that he will not return to the city for any plans over those requests at this time and the amount that we are approving tonight is 87 our mayor main are forbidden we're considering tinnitus 87,000 134 dollar actually were actually beauty about is 111,000 679 83 this includes engineering costs and when were we going to look in our 10 year capital improvement plan this was identify it yes well and when women were when was the city scheduled to do this this project was scheduled with a with a particular water project that had a group a group of items in it and it was a component of those items there were some modifications we actually relocated an elevated storage tank increase in water size of basic ones from water modeling and what happened is when we were through this particular line which was going was going to go dark was not phased into it it was included in that were part of it was going to require this for fun and be so since we haven't been able to get back the table this amount was that was was leftover that could be it could be used for that construction it was all to be done under that one project and done typically in phasing with construction of the Edit goes forward okay and and if if we didn't approve this tonight then I mean why call construction would have to come in and and and do a smaller why do they want it serve that service you know what what they would do is that we come in with us under a extension agreement which we have the commercial properties they would install a 8-inch line or whatever type of lime which would be done and we have a degree of where in the city extends commercial properties and participates in something in the neighborhood of at least sixty percent for the construction so he would have a a cost to do we would we would pay by this distinction agreement sixty percent of that cost we put in the ground and we just turn around and come back in the next couple years to extend this line north and dig up that life and learning in the future who will this line it says it's a general benefit waterline who's who will benefit from this line actually starts from this this this portion or this portion just this portion well this portion of the live benefits everybody north of business if you're lying to start from state highway 96 it's an 18 inch line extends north to FM 518 and different 518 and actually since North to 2094 and providing a backward feed and apartment until hypothesis is just so I gotta parts of 2094 that's not what we're voting off and I cried not at this time it's not and we don't have that well the reason why it is desirable the reading aloud as a general benefit is because it provides capacity and pressure from our elevated storage tank north to those areas based upon our models our model and are they suffering right now from low water pressures you you typically don't wait until they actually experienced you know what a pregnant to do this neither this is let me let me just set up ocean how much more development would have to occur before they would before we would the city would have to be required to go ahead and install but I'm trying to figure out of jack is is right now we're saying it's a general benefits right but right now who it's really benefiting is wyckoff construction I mean without this line wyckoff destruction would have to put their own 8 8 inch line in we would somehow participate sixty percent of 40 police in these 60 their their provision part be more than that so they would pay for forty percent of the cost of an eight inch line but they're not going to pay for any cost of an 18 inch line that is correct okay Kelly messenger this is to basically provide water to the business park that mr. Wyckoff has developed I'm well it's it's not just providing water to his business of parking that's why this this line has been identified identified in our prior bathroom water plan as being needed to loop our system and provide water service which is actually east of this property owned this property in Lawrence Road it provides service there it provides capacity from there up to 20 94 and it would have it would have been installed with the other other components under this one project but because we moved in elevated storage tank in the south of 96 to north of 96 some of the lines were installed as point four inch lines to 16 replies in prior CIP proposals we get asked for additional funding to complete line but since we had not completed the CIP and last two years for you this this project totally did not look forward however there there was nothing money that we can do segments of it as a development is move forward this is being in this is actually being proposed in our current CIP project to complete this line also so this isn't just going to service his partners is not just us or by much lower area but that is a growing area in terms of commercial business out there and there are think seven businesses in that park now most people that are all contributing to our tax base and yes they will we don't want to reduce their services or anything we want to keep them happy I'd imagine and just to be clear kind of question about any cost overruns mr. Wyckoff provided a letter on jun 22nd to you that he was wanted to go forward with patriot being the lowest bidder and in writing has agreed if there are additional construction costs incurred in the project wyckoff construction will be responsible for any overages that is correct so it's pretty much a win-win for the city we felt like it what a bit longer brought it forward thank you okay if there is no further discussion on this issue the emotional report by Councilman comes to approve seconded by Councilman Jim Nelson please vote for izz councilman barber cones Jim Nelson Chris Anderson for the Sanborn oppose Councilman John kini motion passes item 9b consider take action on ordinance number 2006 dash 7 to mending ordinance number 89 33 approving an update of land use assumptions capital improvement plan for water and wastewater facilities and amend and amendment of impact trees school Calculon Jim Nelson's made a motion to approve second saving about councilman comic-con's and this item is now open for debate hearing none please vote Phil is unanimous motion passes item 9 C consider take action on ordinance number 2006 the mending women's is number 200 524 for a planned unit development overlay on approximately 1,700 4.7 acres zoned RSS 7 legally described as portions of appear in austen survey abstract 19 I r lewis survey abstract 15 I and GN railroad survey section 1 abstract 607 and JC League survey abstract 661 generally located north of FM 517 and west of call the roads the second reason Farrell butcher approved with recommendations from TMZ and corrections councilman causes made motion to approve brain with stipulations of PG and corrections and seconded by Councilman Jim Nelson this item is open for discussion hearing none please vote motion for is unanimous motion passes item 9 d consider take action on the ordinance number 2006 dash 76 approving approving the utility agreement between Galveston County mod number 35 and the City of Lake City this is the second reading who moved Councilman Jim Nelson has made the motion to approve councilman Phil assemble one is second to that motion this item is now open for discussion hearing none please vote for is unanimous motion passes item nighy consider take action on ordinance number 2006 dash 77 approving the utility agreement between Galveston County med number 46 and the city of League City this is a second reading remove Councilman Jim NASA's made the motion to approve councilman pillar sample in a second to that motion this item is now open for discussion nine please vote motion for is unanimous motion passes nine at City Council considering take action alumnus number 200 673 approving the utility agreement between Galveston County mud number 72 and the city of League City this is the second reading salute surrogate Councilman Jim I'm song he made the first mr. Crossman Collins has made the first and Councilman Jim Nelson made the second just beside it is now open for discussion hearing none please vote four is unanimous motion passes 9g consider take action on morgan's number 2006 dash 7 for approving the utility agreement between Galveston County mud number 73 and the city of League City this is the second reading remove councilman jim Nelson's made the motion to approve second councilman Combs has made a second this item is now open for discussion hearing none please vote motion for is unanimous motion passes number 9 h considering take action or more that's number 200 675 approving the utility agreement between Gaston County mud number 74 in the city of League City this is a second reading moved to approve councilman councillor closes make a motion to approve come from Jim Nelson a second of that motion is now open for discussion hearing none please vote motion for is unanimous motion passes item number 10 new business considered and take action on the approval of resolution amending resolution number 2000 dash two eight approving and amended from an amendment to the utility agreements between the city of leaf City and galveston county municipal district number 39 authorizing and then directing the mayor to execute same for and on behalf of Sid so Lewbert council makini has made the motion to approve council Jim das in the second of that motion it is now open for discussion hearing none please vote I got one hanging out there please for is counseling Barbara's tones teenie Jimmy Nelson and put a Sanborn opposed councilman chris jamison motion passes item 10b consider take action on the Community Development Block Grant annual action plan for program year two thousand six marilu Brooke Burke councilman Collins has made the motion to approve Councilman Jim Nelson the second of that motion is now open for discussion councilman combs Mary just had a quick question for staff can some of this money be used I notice that we have some of it for constructions for low-income housing or to work on what we income housing can it be used for demolition if we find other grants if we were to use on some of our community development block grant monies for demolition we would have to mend our action plan and would only be able to be used for demolition in a target area with in league city and we have very limited area of the city that's identified as a target area for Community Development Block Grant funds for demolition come on Mike I guess my concern here is that maybe not a concern but it's a good thing we have a group that's trying to establish some grants for low-income housing they would rebuild the entire house all we have to come up with is demolition coast and I'm trying to see if we can go inside this grant with some of them grants we've been talking to that particular group and the problem that we run into is that if we use CDBG to do some of that work it would have to be in a target area that's identified by the census tracts that uses to identify League City as an entitlement community but the big is the problem we would have is that we would have to be able to place a lien on the property and because this other entity is going to be building another house there would be no one to actually track there would be no way to place a lien on that property it's mixing federal dollars with federal dollars and sometimes that that is not allowed by the federal government okay so with this grant dancers know right this way no okay thank you but maybe something we can look at in the near future with funding because it's a i think a very good program Thank you Thank You Councilman Jim Nelson that's my question to miss chambers and so is there any way we can come up with the funding to help this group to demolish this home so they can rebuild a decent home for these folks and it's down in shell side so it's a established area that we know that there are some needy people we've actually looked at it also as part of our code enforcement program but again we're faced with the problem that our ordinance states we have to place a lien on the property so we're back to the whole lien issue we would do that we'd be violating our own ordinance but I guess that's something that the city attorney could work with staff on to see if there's a way we could work that out but you we will Thank You counsel McCombs one other question I'm sorry I noticed that we had 188,000 or 189,000 I guess for the installation of new water lines can we actually take some of that money and put into sewer lines because I think we have problems out there in certain areas also with the sewer being more of a health issue than then water Chris would that be possible even though we haven't marked for water lines I don't know if that's within the parameters of switching with in CBD cheat once you establish and improve your program I think you have to follow up specifically with what the federal government approves in the in the next year when we come forward we've been switching water lines and waste water lines are trying to expand in steps as it goes using this money so I guess they answered you in this fiscal year now we can make sure that we focus on wastewater in the following year and Rick I'm sorry and regarding the home demolition pending the approval of account of our legal counsel what could happen is that we could come before City Council i believe the target price and demolition was roughly ten thousand dollars and we could put forth an agenda item to allocate funding with council because it would be something since we couldn't lien the property and further encumber a federal granted project under these other people we would just have to recognize that that would be a cost that would it be absorbed by the city Thank You counsel martini since we're discussing that particular issue I you know I think fundamentally i dunno i think that the city should take tax dollars and essentially choose for the citizens which charitable causes the citizens will support i think what we need to do is get with iesi some of the churches in the local neighborhood in area i think we can work this out about taking citizens money and essentially giving it to an individual for that use and so i'll be wanting to work with any council people i'm trying to schedule some meetings with the churches in the area i think what we can we can do kind of like the pyramids you know we can get a lot of people out there and take care of them pretty quickly i agree with you mr. Keeney invented some aspect but appreciate your comments and you put a discussion motion on the floor by Councilman comes to approve and the second by Councilman Jim Nelson if there's no further discussion on this issue please vote for is unanimous motion passes item number 11 a consider take action on the approval of an ordinance amending ordinance number 2006 dash 15 approving the governmental and proprietary phones budget for fiscal year 2005-2006 so move mirror councilman kinis made a motion to approve I guess our councilman Mike Barbour a second that motion is now open for discussion mayor of staff would like to request that the additional item be added to the utility fund appropriation limits in the amount of twenty twenty three thousand six hundred dollars we had a problem with the butler lift station and colored the severe constructions of assistance we have unexpected point three thousand six hundred dollars costs and we would ask that he added to fund 0 0 Department 3321 approved will reformat this from secondary cast makini move on to mend the immersion home then the utility fund adjustment about 23 6620 3600 above what it was recommended initially bus staff and Captain Bob eels okay thank you and it's now for discussion council makini the question that I have is there is in our budget meetings recently we talked about a budget item at that point time for refuse collection is that different than this item here or is this the item and we're just doing it earlier now this is on take care of the current here I'll admit it's related converse state cops will carry forward in the next fiscal year what you were looking at it the workshop was about a large increase from this your original budget through next year this gives it freely into this so 2008 we were no I mean we know what that's going to be so there's not something to sneak up on us well the estimate is based on current racing growth rates change mr. subject to slightly with the fuel adjustment through the contract growth it for them change essentially this amendment fixes the budget under s a lot more growth ok okay is there any further discussion on this item on the fourth by Councilman kini to approve seconded by Councilman barber if there's no further discussion on this issue please vote for is unanimous motion passes item 11 be considered take action on an ordinance providing for the approval of an agreement between the state of Texas and the city of League City for highway traffic signal lighting at state highway 96 only six league city parkway and walk the street excuse me I've got a point of clarification for the city attorney okay this in this agreement it says that the city will provide the signal but there's really no cost in here so I'm wondering is is council being asked to approve something where we're not being given any cost information we pull up the arrangement custom well under this Agreement the city is furnishing the necessary funds for the construction and the installation of the signal then looking at the collect agreement that like this the standard agreement language with state txdot which is typically unaltered and what we do have is agreement of txdot and the developers that will be funding the entire amount of it but since it does happen within the corporate limits of the city the standard language from text art is that it is a city project we will take ownership so we already have the agreement with the developers oh yeah it will pray me work okay thank you okay that clears a good question I guess yes okay so mr. Nelson's attention very good so the motion on the floors by Councilman Jim Nelson to approve and it is seconded by Councillor John kini is now open for discussion hearing none please vote for is unanimous motion passes item number 11 c consider take action on an ordinance altering the prima facie speed limits established for vehicles under the provisions of section 5 45 dot 356 texas transportation code upon the basis of an engineering and traffic investigation upon certain streets and highways are parked there within the corporate limits of the city of league city is set out in this ordinance and providing a penalty of a fine not to exceed two hundred dollars for the violation of this ordinance blue curve Council McCombs has made the motion to approve like councilman teenies made the second on this motion it is now open for discussion hearing none please vote motion for is unanimous motion passes I'm 12 table items subject to recall none 13 council members comments and reports will start on jobs in tonight council makini well I just got to comments that I'd like to say that I hope we can come together as a council mayor and get a charter review committee established start looking at some necessary changes that the need for a while and I look forward to looking at a budget that that we can start actually determining priorities of counsel and workshop that's that's it all right Thank You councilman Sanborn I second councilman kinis comments but I also want to remind everyone that in CC I state that school begins on August the tent that's on a Thursday and our drivers out there need to be very aware that there will be children go into school beginning that day and you need to drive very safely and in Dickinson is d which we do have residents that live in league city but they do attend Dickinson is d that they began on August the 16th and that's all I am Thank You councilman Samuelson no comments to see Thank You Councilman Jim Nelson as berra have a couple of things versus the about the senior citizens we have a country-western dance that's being put on for the senior citizens at the Civic Center July 26 pitches tomorrow night the time seven to 10 p.m. it's going to be five dollars per person can have a live band it's going to be a rabble with door prizes there's going to be refreshments for everyone proceeds benefit the city of League City senior citizens program and we would appreciate any donations by our business community for our seniors the second thing we've got is library library summer reading programs have come to an end except for the parties to reward kids for reading all summer that's great I wish we had more children we're really willing to get the library and read because those great programs we have over there are real beneficial to our children the Super Readers party is on thursday july 27th from 6pm to 730 is open to all children who participated in any of the Reading Club by reading a number of books required by their age group parents are also welcome to attend the top readers party is on friday july 29 from noon-2 p.m. and as for children will read at least 80 hours during the summer the teen volunteer party will be held monday July thirty-first from 230 p.m. to 4pm and as for the teens who volunteer in the library during the summer that's a wonderful thing that part of our teens dip is to volunteer to help the younger kids in their programs and we would hope that next year we get these about this volunteers from the heart high school ah now we got two vegetables for high schools around the community come to the library to help our children that's all I have now thank you very much Thank You captain barber sleep so working now yeah thanks I'd like to echo the sentiments that were originated by a council member can I also get one of just mentioned that recently I had a nice conversation with former pains they commissioned as to know one of our newest council members and he had mentioned a previous meaning that it would be nice if we could have some sort of joint workshop with p + z2 kind of hash out some of the differences that we've had and just make sure we're on the same page and I want to call it if you would agree with that vision that maybe we could even know we're somewhat workshopped out that maybe we could set that sometime in the not-too-distant future possibly take an advantage I don't know if it's possible they have a workshop Big Dave announced on some text revisions that the public is being has recently been notified about so whatever time that would work out of love to see that happen so other than that I I appreciate it thank you very much Thank You counsel McCallum again thank you everyone for coming out appreciate that also I like to echo well councilman kinis comments about the budget and Charter Review Committee also i think the budget is we're really getting close to the deadline so i really like to see a complete budget so we have adequate time to really look at it and move forward but i do appreciate everyone coming out tonight thank you that confers I am 13 item number 14 mayor's comments again agree with counsel makini Allah say that the certified numbers from the from the county were just received by the city today so the staff is working around the clock i have a budget that i am excited to present that's always fun so anyway we're going to try to set a workshop for next week tuesday wednesday or thursday i'm work we checked enter on that now to see when we can get that nailed down because we are under a tight deadline and i'm comfortable for the most part of the budget i do want to have another workshop and get as much input from from the council as possible so we can move that further i am working around the clock on the child review issue and will continue to do that and try to build a consensus there see if we can move that forward councilman barbara i agree that is a good idea and and counseling samuel something with a joint workshop at pennsie will try to shoot that probably probably be at least September now because we've already have a book joint workshop with CCISD I think on the 14th or so and we have a budget workshop at least one more budget workshop so we're going to keep pushing and then i'm going to ask for CIP meetings starting in october so we can get a jump start on that for next year i'd like to commend council for the meeting tonight i think it went well and we're going to continue this spirit of cooperation as if we use the city they were together that concludes item 14 15 items added after lecture at agenda there's none executive sessions we've completed action from executive sessions we've completing here no hearing no further business this meeting is adjourned you you {00:05:52}	{00:05:49} the City Council has just completed its executive session on the 25th day of july 2006 @ 6 13 p.m. city council will now reconvene in open session there's no final action decision or vote with regard to any matter considered and the executive session just concluded item 3 a considered taking action on consultation to the attorney regarding pending litigation against city in civil action number h 0 5 1080 Kenneth salmon versus city of League City Texas we want to get a motion to approve to the twenty four thousand dollars some little error yep Councilman John Key has made the motion to approve up to twenty four thousand dollars in the settlement seconded by Councilman columns all right let's boot up our software here this item is now open for debate okay hearing none please vote for is unanimous with Councilman tad Nelson out for the rest of the evening motion passes item 3b consider take action and consultation city attorney regarding compensated litigation against MIG Purkiss rose RSI for design deficiencies that big league dreams project we want to get a motion to approve up to seventeen thousand dollars to contribute to the cook to the cure contingent on our consultant approving mayor make a motion to approve up to 17,000 with all future responsibilities for the cooling system that costs be borne by up Purkiss rose so the 2330 okay captain bikini has made the motion to approve a psalm of seventeen thousand three hundred and thirty dollars to contribute to the cure of the HVAC system with contingent upon purchase rows of something all responsibility for costs than any other responsibilities or any other air conditioning okay needs very good and Barber you got that and Councilman combs is going to second that still ok this item is now open for debate council including marriages for the benefit of the citizens Lucas Rose provided in their drawings for big league dreams use of and evaporated Hoover typically used in dry climates kind of went through the system seems to be have been known by Purkiss rose by engineers by the city and it's obviously the fishing out there the and as the big league dreams being owned by the city we are responsible to big league dreams Texas to make sure that air conditioning system is adequate and purchase roses bearing the cost of all labor plus an additional seventeen thousand three hundred dollars and we're going to chip in seventeen thousand three hundred dollars to cure that thank you any further debate on this issue hearing none please vote for izz councilman combs kini jim nelson chris henderson and phyllis Sanborn oppose councilman Mike Barbour motion passes item three c-considering take action on a purchase of real property 8712 square feet possible and for right of way for called the road he removed to improve the negotiation for the party on the road up to the amount of 28,500 Thank you Thank You counsel McCombs has made the motion to approve the purchase of the land up to 28 thousand five hundred ninety seven dollars and that was seconded by Councilman Jim Nelson this item is now open for debate hearing none please vote for is unanimous the ladies and gentlemen I'm going to adjourn this meeting and we will have a one minute or two minute fall so that our city secretary can change the tapes and then we'll go straight into our normal meeting okay executive session is now adjourned nothing worse than a fat man throwing up okay ah we're ready to roll City Council at City of Lake City regular meeting July 25th starting at six nineteen running eliminated from an executive session will now call to order carlo jury shorts here councilman Ted Nelson nog barber Thomas combs present chris jamison prison till the Sanborn John kini here Jim Nelson era okay item number two invocation pledge of allegiance to the US flag and pledge of allegiance to the Texas flag the invocation tonight is bypassed the Richard Sumner of the New Hope Baptist Church and this would be a good time to turn all of cell phones and pagers to vibrate please pray Lord were grateful people as we assemble here tonight very thankful for the great land in which we live the freedoms that we enjoy we thank you Lord for our community and its leaders thank you for our churches our schools our neighbors thank you Lord that we are most blessed of all people we also pray Lord for three things tonight in particular number one our troops that are in harm's way especially those who are in Iran Iraq and the country's there in the Middle East secondly Lord pray for the peace in the Middle East that is so desperately needed is is the area continues to heat up the third Lord we pray for wisdom tonight wisdom for each of these will make decisions Lord that each decision that is made will be for the good of our community the good of our people the Lord Bay wisdom be given to know and discern even what's needed in days weeks and months into the future we simply ask Lord for your provision for each tonight we pray your blessing in Jesus name stay back by men but allegiance to the flag of the United States of America and to the Republic for which it stands one nation indivisible with liberty navarro on why i pledge meeting all right we're now move to item number three approval of minutes we have jun 27th special meeting jun 27th regular meeting and jun 28 a workshop are there any changes to these minutes hearing none of these minutes or so approved item number for appointments proclamations presentations and awards councillor Marek foolish to alex johnson okay for a is pulled to the next council meeting for b is a supplemental which is recognition of a congressional grant for the loan of a personal watercraft awarded to the league city volunteer fire department by Councilman Jim Nelson telling us if you saw me come there so they from the fire department supposed to be here to talk about that but I don't see them but the congressman Ron Paul's office has made sure that there was some monies available to get a watercraft for the fire department on the loan to the city I don't know exactly how long that loan is but I sure wish somebody from the fire department was here to explain the whole thing well councilman i will say that they made that the fire department was in my office about two months ago it's a great program a lot of the municipality out you Nissa policies that are on the water or getting that type of buy-in and Yamaha gives them that that jet ski or two jet skis for up until the winter I understand and so one year is it one year this works those okay and and we all we have to pay the insurance on so it's a great program yes well I appreciate you explaining that and then Mara I just think it's a great thing that our department was on the ball to be able to get involved in something like that very good okay all right that's more be we will now move to item number five public hearing and action item from public hearing for the first time in a very long time we have none we will now move to item number six citizens request for hearing before City Council the privilege of speaking at this time is limited to the following persons residents persons having an ownership interest in property or business located within the city order attorneys a statement of no more than three minutes may be made on items of general relevance there will be no yielding of time to another person state law prohibits the mayor and members of the City Council from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas open meetings law comments should be directed to the entire council not individual members engaging in verbal attacks or comments intended to insult the views millian or slander any individual shall be cause for termination of time privileges and expense from council chambers the first citizen is needed Kettner good evening mayor mayor Koch and City Council members my name is Nita Kavner and on a resident of League City for approximately two and a half years in the leisure lake subdivision off of 96 East recently KB Homes has taken over the subdivision after the former owners went bankrupt due to illegal internal activities as one of the residents and taxpayers of this city I am delighted at this turn other this and we have been anxiously waiting for a new owner to take over since the beginning of this year i have seen care not keep of the grounds as well as landscaping of our subdivisions since the takeover future plans and improvements are very exciting and anticipated but there's things to be a glitch in the advertising system to sell kb homes according to tony in the building inspections with the city there are ordinances to protect lives flags and advertising for companies and subdivisions and restrictions on size and location of signs as well as banners tony mentioned that other subdivisions have asked for various to display their advertising awards at the intersection loop Calder and Britney bay and they will expire in just a few months and no name and no new ones will be allowed and on Tony's own words KB Homes chose their location and let's stop for the consequences the leisure lane exit off of 96 East is very hard to see until your ride upon it and the streetlight hasn't worked there for months our building inspection and inspector also mentioned that the other subdivisions have paid fines to the city to be able to advertise anywhere from hundreds up to six thousand dollars to me it seems like it's some sort of a form of legalized extortion but that's just my opinion and this was picked up with the chapter 90 code order for scenic and non scenic byways or the spine penally Katie Holmes is a law abiding a reputable building company within this city and throughout the country they have been on the show extreme makeovers and donated their time talent and supplies to the Navy when called upon this city needs companies like kb homes to improve and expand this city thereby allowing more taxpayers to move to our fair city the residents of leisure lakes televisions have suffered end up by way of neglect and our property values have increased but we remain in an area that is stagnant as the pond in front of my house due to lack of growth katie holmes is our Savior and the City of Lake City should allow an especially weigh-in of the ordinance to advertise to the public for their location and I like to make a note that a city secretary or I'm sorry Billings managers Sean man that's never returned my call this afternoon thank you neither that concludes item number 6 that was the only citizen that we had tonight so that we now move to item number seven which is the consent agenda item 7a through seven I be removed to approve 780 through savannah council McCombs has made the motion to approve the consent agenda in its entirety 78 through seven I seconded by councilman Mike Barbara this item is now open for discussion Councilman Jim Nelson yes items d e and f have stipulations by our staff and I just wanted to make sure that the stipulation was go along with this first and second thank you very much council Nelson I think we discussed it at the last meeting says it is on our agenda sheet and it clearly says staff recommended approval subject to stipulations any motion from now on when this is on the piece of paper will go into the record unless it is omitted so thank you very much councilman john kini ya mera just had similar comments about the utility agreements the city attorney and made changes and so on to make sure that those work that that's what we were voting on here tonight thank you very much so the first is by Councilman Collins a second by Councilman barber but no further discussion on this issue please vote for was unanimous item number a report from staff members Cesar got none item number nine old business 9a consider take action to enter into an agreement with why call construction for advanced funding and reimbursement for engineering and construction of an 18-inch general benefit water line along Columbia Memorial Parkway to provide funding merrell move to approve so good with the lowest bid being patriot utility councilman Collins has made a motion to approve with the lowest bid being hit I'm sorry it's patriot okay I don't have that on my stream sorry Tommy I will but y'all patriot because that just I don't utility okay and that is second at our councilman jim nelson and is that correct yes okay this item is open for debate councilman Cohen's Mary just had a quick question for staff under the bid tabulation of similar concern we had five bidders under item number five an item number seven I see a large difference for 28 inch 18-inch gate valves a thousand dollars compared to 16,000 I just want to make sure that we don't come back later and ask for change orders does that appear to be appropriate risk factor for the size of valves Jack I'm going to have to defer to mr. Murphy in this okay thank you I just save one for sixteen thousand dollars the other one for a thousand that's quite a bit of spreading in bids mr. Collins I I see if you look at vintage construction there were their numbers were sixteen thousand one thousand why these people bid like this this may be something they had left off another job it may be frightened my concern was with the laureate does that five thousand dollars they have been getting la mirada consultants that they are a proper data okay thank you sir I believe in addition and Jack and correct me if I'm wrong but I believe that this if agreed upon and accepted by counsel mr. wipe off my [ __ ] construction agrees to take any cost overrun above the amount is that not correct jack that is correct if the phone number know nothing about it thank you okay any further discussion I have the first on the third floor council McCombs seconded by Councilman Jim Nelson if there's no further discussion so easily rare I heard my oh I saw John I didn't your wedding on mine went on my fan go ahead Catherine Keener I guess what was just mentioned to me was the question is is is this cost overrun agreement with John wyckoff was fact something that's been writing or yes it is he is certified that he would not there's a rear partial agreement catchy certified that he will not return to the city for any plans over those requests at this time and the amount that we are approving tonight is 87 our mayor main are forbidden we're considering tinnitus 87,000 134 dollar actually were actually beauty about is 111,000 679 83 this includes engineering costs and when were we going to look in our 10 year capital improvement plan this was identify it yes well and when women were when was the city scheduled to do this this project was scheduled with a with a particular water project that had a group a group of items in it and it was a component of those items there were some modifications we actually relocated an elevated storage tank increase in water size of basic ones from water modeling and what happened is when we were through this particular line which was going was going to go dark was not phased into it it was included in that were part of it was going to require this for fun and be so since we haven't been able to get back the table this amount was that was was leftover that could be it could be used for that construction it was all to be done under that one project and done typically in phasing with construction of the Edit goes forward okay and and if if we didn't approve this tonight then I mean why call construction would have to come in and and and do a smaller why do they want it serve that service you know what what they would do is that we come in with us under a extension agreement which we have the commercial properties they would install a 8-inch line or whatever type of lime which would be done and we have a degree of where in the city extends commercial properties and participates in something in the neighborhood of at least sixty percent for the construction so he would have a a cost to do we would we would pay by this distinction agreement sixty percent of that cost we put in the ground and we just turn around and come back in the next couple years to extend this line north and dig up that life and learning in the future who will this line it says it's a general benefit waterline who's who will benefit from this line actually starts from this this this portion or this portion just this portion well this portion of the live benefits everybody north of business if you're lying to start from state highway 96 it's an 18 inch line extends north to FM 518 and different 518 and actually since North to 2094 and providing a backward feed and apartment until hypothesis is just so I gotta parts of 2094 that's not what we're voting off and I cried not at this time it's not and we don't have that well the reason why it is desirable the reading aloud as a general benefit is because it provides capacity and pressure from our elevated storage tank north to those areas based upon our models our model and are they suffering right now from low water pressures you you typically don't wait until they actually experienced you know what a pregnant to do this neither this is let me let me just set up ocean how much more development would have to occur before they would before we would the city would have to be required to go ahead and install but I'm trying to figure out of jack is is right now we're saying it's a general benefits right but right now who it's really benefiting is wyckoff construction I mean without this line wyckoff destruction would have to put their own 8 8 inch line in we would somehow participate sixty percent of 40 police in these 60 their their provision part be more than that so they would pay for forty percent of the cost of an eight inch line but they're not going to pay for any cost of an 18 inch line that is correct okay Kelly messenger this is to basically provide water to the business park that mr. Wyckoff has developed I'm well it's it's not just providing water to his business of parking that's why this this line has been identified identified in our prior bathroom water plan as being needed to loop our system and provide water service which is actually east of this property owned this property in Lawrence Road it provides service there it provides capacity from there up to 20 94 and it would have it would have been installed with the other other components under this one project but because we moved in elevated storage tank in the south of 96 to north of 96 some of the lines were installed as point four inch lines to 16 replies in prior CIP proposals we get asked for additional funding to complete line but since we had not completed the CIP and last two years for you this this project totally did not look forward however there there was nothing money that we can do segments of it as a development is move forward this is being in this is actually being proposed in our current CIP project to complete this line also so this isn't just going to service his partners is not just us or by much lower area but that is a growing area in terms of commercial business out there and there are think seven businesses in that park now most people that are all contributing to our tax base and yes they will we don't want to reduce their services or anything we want to keep them happy I'd imagine and just to be clear kind of question about any cost overruns mr. Wyckoff provided a letter on jun 22nd to you that he was wanted to go forward with patriot being the lowest bidder and in writing has agreed if there are additional construction costs incurred in the project wyckoff construction will be responsible for any overages that is correct so it's pretty much a win-win for the city we felt like it what a bit longer brought it forward thank you okay if there is no further discussion on this issue the emotional report by Councilman comes to approve seconded by Councilman Jim Nelson please vote for izz councilman barber cones Jim Nelson Chris Anderson for the Sanborn oppose Councilman John kini motion passes item 9b consider take action on ordinance number 2006 dash 7 to mending ordinance number 89 33 approving an update of land use assumptions capital improvement plan for water and wastewater facilities and amend and amendment of impact trees school Calculon Jim Nelson's made a motion to approve second saving about councilman comic-con's and this item is now open for debate hearing none please vote Phil is unanimous motion passes item 9 C consider take action on ordinance number 2006 the mending women's is number 200 524 for a planned unit development overlay on approximately 1,700 4.7 acres zoned RSS 7 legally described as portions of appear in austen survey abstract 19 I r lewis survey abstract 15 I and GN railroad survey section 1 abstract 607 and JC League survey abstract 661 generally located north of FM 517 and west of call the roads the second reason Farrell butcher approved with recommendations from TMZ and corrections councilman causes made motion to approve brain with stipulations of PG and corrections and seconded by Councilman Jim Nelson this item is open for discussion hearing none please vote motion for is unanimous motion passes item 9 d consider take action on the ordinance number 2006 dash 76 approving approving the utility agreement between Galveston County mod number 35 and the City of Lake City this is the second reading who moved Councilman Jim Nelson has made the motion to approve councilman Phil assemble one is second to that motion this item is now open for discussion hearing none please vote for is unanimous motion passes item nighy consider take action on ordinance number 2006 dash 77 approving the utility agreement between Galveston County med number 46 and the city of League City this is a second reading remove Councilman Jim NASA's made the motion to approve councilman pillar sample in a second to that motion this item is now open for discussion nine please vote motion for is unanimous motion passes nine at City Council considering take action alumnus number 200 673 approving the utility agreement between Galveston County mud number 72 and the city of League City this is the second reading salute surrogate Councilman Jim I'm song he made the first mr. Crossman Collins has made the first and Councilman Jim Nelson made the second just beside it is now open for discussion hearing none please vote four is unanimous motion passes 9g consider take action on morgan's number 2006 dash 7 for approving the utility agreement between Galveston County mud number 73 and the city of League City this is the second reading remove councilman jim Nelson's made the motion to approve second councilman Combs has made a second this item is now open for discussion hearing none please vote motion for is unanimous motion passes number 9 h considering take action or more that's number 200 675 approving the utility agreement between Gaston County mud number 74 in the city of League City this is a second reading moved to approve councilman councillor closes make a motion to approve come from Jim Nelson a second of that motion is now open for discussion hearing none please vote motion for is unanimous motion passes item number 10 new business considered and take action on the approval of resolution amending resolution number 2000 dash two eight approving and amended from an amendment to the utility agreements between the city of leaf City and galveston county municipal district number 39 authorizing and then directing the mayor to execute same for and on behalf of Sid so Lewbert council makini has made the motion to approve council Jim das in the second of that motion it is now open for discussion hearing none please vote I got one hanging out there please for is counseling Barbara's tones teenie Jimmy Nelson and put a Sanborn opposed councilman chris jamison motion passes item 10b consider take action on the Community Development Block Grant annual action plan for program year two thousand six marilu Brooke Burke councilman Collins has made the motion to approve Councilman Jim Nelson the second of that motion is now open for discussion councilman combs Mary just had a quick question for staff can some of this money be used I notice that we have some of it for constructions for low-income housing or to work on what we income housing can it be used for demolition if we find other grants if we were to use on some of our community development block grant monies for demolition we would have to mend our action plan and would only be able to be used for demolition in a target area with in league city and we have very limited area of the city that's identified as a target area for Community Development Block Grant funds for demolition come on Mike I guess my concern here is that maybe not a concern but it's a good thing we have a group that's trying to establish some grants for low-income housing they would rebuild the entire house all we have to come up with is demolition coast and I'm trying to see if we can go inside this grant with some of them grants we've been talking to that particular group and the problem that we run into is that if we use CDBG to do some of that work it would have to be in a target area that's identified by the census tracts that uses to identify League City as an entitlement community but the big is the problem we would have is that we would have to be able to place a lien on the property and because this other entity is going to be building another house there would be no one to actually track there would be no way to place a lien on that property it's mixing federal dollars with federal dollars and sometimes that that is not allowed by the federal government okay so with this grant dancers know right this way no okay thank you but maybe something we can look at in the near future with funding because it's a i think a very good program Thank you Thank You Councilman Jim Nelson that's my question to miss chambers and so is there any way we can come up with the funding to help this group to demolish this home so they can rebuild a decent home for these folks and it's down in shell side so it's a established area that we know that there are some needy people we've actually looked at it also as part of our code enforcement program but again we're faced with the problem that our ordinance states we have to place a lien on the property so we're back to the whole lien issue we would do that we'd be violating our own ordinance but I guess that's something that the city attorney could work with staff on to see if there's a way we could work that out but you we will Thank You counsel McCombs one other question I'm sorry I noticed that we had 188,000 or 189,000 I guess for the installation of new water lines can we actually take some of that money and put into sewer lines because I think we have problems out there in certain areas also with the sewer being more of a health issue than then water Chris would that be possible even though we haven't marked for water lines I don't know if that's within the parameters of switching with in CBD cheat once you establish and improve your program I think you have to follow up specifically with what the federal government approves in the in the next year when we come forward we've been switching water lines and waste water lines are trying to expand in steps as it goes using this money so I guess they answered you in this fiscal year now we can make sure that we focus on wastewater in the following year and Rick I'm sorry and regarding the home demolition pending the approval of account of our legal counsel what could happen is that we could come before City Council i believe the target price and demolition was roughly ten thousand dollars and we could put forth an agenda item to allocate funding with council because it would be something since we couldn't lien the property and further encumber a federal granted project under these other people we would just have to recognize that that would be a cost that would it be absorbed by the city Thank You counsel martini since we're discussing that particular issue I you know I think fundamentally i dunno i think that the city should take tax dollars and essentially choose for the citizens which charitable causes the citizens will support i think what we need to do is get with iesi some of the churches in the local neighborhood in area i think we can work this out about taking citizens money and essentially giving it to an individual for that use and so i'll be wanting to work with any council people i'm trying to schedule some meetings with the churches in the area i think what we can we can do kind of like the pyramids you know we can get a lot of people out there and take care of them pretty quickly i agree with you mr. Keeney invented some aspect but appreciate your comments and you put a discussion motion on the floor by Councilman comes to approve and the second by Councilman Jim Nelson if there's no further discussion on this issue please vote for is unanimous motion passes item number 11 a consider take action on the approval of an ordinance amending ordinance number 2006 dash 15 approving the governmental and proprietary phones budget for fiscal year 2005-2006 so move mirror councilman kinis made a motion to approve I guess our councilman Mike Barbour a second that motion is now open for discussion mayor of staff would like to request that the additional item be added to the utility fund appropriation limits in the amount of twenty twenty three thousand six hundred dollars we had a problem with the butler lift station and colored the severe constructions of assistance we have unexpected point three thousand six hundred dollars costs and we would ask that he added to fund 0 0 Department 3321 approved will reformat this from secondary cast makini move on to mend the immersion home then the utility fund adjustment about 23 6620 3600 above what it was recommended initially bus staff and Captain Bob eels okay thank you and it's now for discussion council makini the question that I have is there is in our budget meetings recently we talked about a budget item at that point time for refuse collection is that different than this item here or is this the item and we're just doing it earlier now this is on take care of the current here I'll admit it's related converse state cops will carry forward in the next fiscal year what you were looking at it the workshop was about a large increase from this your original budget through next year this gives it freely into this so 2008 we were no I mean we know what that's going to be so there's not something to sneak up on us well the estimate is based on current racing growth rates change mr. subject to slightly with the fuel adjustment through the contract growth it for them change essentially this amendment fixes the budget under s a lot more growth ok okay is there any further discussion on this item on the fourth by Councilman kini to approve seconded by Councilman barber if there's no further discussion on this issue please vote for is unanimous motion passes item 11 be considered take action on an ordinance providing for the approval of an agreement between the state of Texas and the city of League City for highway traffic signal lighting at state highway 96 only six league city parkway and walk the street excuse me I've got a point of clarification for the city attorney okay this in this agreement it says that the city will provide the signal but there's really no cost in here so I'm wondering is is council being asked to approve something where we're not being given any cost information we pull up the arrangement custom well under this Agreement the city is furnishing the necessary funds for the construction and the installation of the signal then looking at the collect agreement that like this the standard agreement language with state txdot which is typically unaltered and what we do have is agreement of txdot and the developers that will be funding the entire amount of it but since it does happen within the corporate limits of the city the standard language from text art is that it is a city project we will take ownership so we already have the agreement with the developers oh yeah it will pray me work okay thank you okay that clears a good question I guess yes okay so mr. Nelson's attention very good so the motion on the floors by Councilman Jim Nelson to approve and it is seconded by Councillor John kini is now open for discussion hearing none please vote for is unanimous motion passes item number 11 c consider take action on an ordinance altering the prima facie speed limits established for vehicles under the provisions of section 5 45 dot 356 texas transportation code upon the basis of an engineering and traffic investigation upon certain streets and highways are parked there within the corporate limits of the city of league city is set out in this ordinance and providing a penalty of a fine not to exceed two hundred dollars for the violation of this ordinance blue curve Council McCombs has made the motion to approve like councilman teenies made the second on this motion it is now open for discussion hearing none please vote motion for is unanimous motion passes I'm 12 table items subject to recall none 13 council members comments and reports will start on jobs in tonight council makini well I just got to comments that I'd like to say that I hope we can come together as a council mayor and get a charter review committee established start looking at some necessary changes that the need for a while and I look forward to looking at a budget that that we can start actually determining priorities of counsel and workshop that's that's it all right Thank You councilman Sanborn I second councilman kinis comments but I also want to remind everyone that in CC I state that school begins on August the tent that's on a Thursday and our drivers out there need to be very aware that there will be children go into school beginning that day and you need to drive very safely and in Dickinson is d which we do have residents that live in league city but they do attend Dickinson is d that they began on August the 16th and that's all I am Thank You councilman Samuelson no comments to see Thank You Councilman Jim Nelson as berra have a couple of things versus the about the senior citizens we have a country-western dance that's being put on for the senior citizens at the Civic Center July 26 pitches tomorrow night the time seven to 10 p.m. it's going to be five dollars per person can have a live band it's going to be a rabble with door prizes there's going to be refreshments for everyone proceeds benefit the city of League City senior citizens program and we would appreciate any donations by our business community for our seniors the second thing we've got is library library summer reading programs have come to an end except for the parties to reward kids for reading all summer that's great I wish we had more children we're really willing to get the library and read because those great programs we have over there are real beneficial to our children the Super Readers party is on thursday july 27th from 6pm to 730 is open to all children who participated in any of the Reading Club by reading a number of books required by their age group parents are also welcome to attend the top readers party is on friday july 29 from noon-2 p.m. and as for children will read at least 80 hours during the summer the teen volunteer party will be held monday July thirty-first from 230 p.m. to 4pm and as for the teens who volunteer in the library during the summer that's a wonderful thing that part of our teens dip is to volunteer to help the younger kids in their programs and we would hope that next year we get these about this volunteers from the heart high school ah now we got two vegetables for high schools around the community come to the library to help our children that's all I have now thank you very much Thank You captain barber sleep so working now yeah thanks I'd like to echo the sentiments that were originated by a council member can I also get one of just mentioned that recently I had a nice conversation with former pains they commissioned as to know one of our newest council members and he had mentioned a previous meaning that it would be nice if we could have some sort of joint workshop with p + z2 kind of hash out some of the differences that we've had and just make sure we're on the same page and I want to call it if you would agree with that vision that maybe we could even know we're somewhat workshopped out that maybe we could set that sometime in the not-too-distant future possibly take an advantage I don't know if it's possible they have a workshop Big Dave announced on some text revisions that the public is being has recently been notified about so whatever time that would work out of love to see that happen so other than that I I appreciate it thank you very much Thank You counsel McCallum again thank you everyone for coming out appreciate that also I like to echo well councilman kinis comments about the budget and Charter Review Committee also i think the budget is we're really getting close to the deadline so i really like to see a complete budget so we have adequate time to really look at it and move forward but i do appreciate everyone coming out tonight thank you that confers I am 13 item number 14 mayor's comments again agree with counsel makini Allah say that the certified numbers from the from the county were just received by the city today so the staff is working around the clock i have a budget that i am excited to present that's always fun so anyway we're going to try to set a workshop for next week tuesday wednesday or thursday i'm work we checked enter on that now to see when we can get that nailed down because we are under a tight deadline and i'm comfortable for the most part of the budget i do want to have another workshop and get as much input from from the council as possible so we can move that further i am working around the clock on the child review issue and will continue to do that and try to build a consensus there see if we can move that forward councilman barbara i agree that is a good idea and and counseling samuel something with a joint workshop at pennsie will try to shoot that probably probably be at least September now because we've already have a book joint workshop with CCISD I think on the 14th or so and we have a budget workshop at least one more budget workshop so we're going to keep pushing and then i'm going to ask for CIP meetings starting in october so we can get a jump start on that for next year i'd like to commend council for the meeting tonight i think it went well and we're going to continue this spirit of cooperation as if we use the city they were together that concludes item 14 15 items added after lecture at agenda there's none executive sessions we've completed action from executive sessions we've completing here no hearing no further business this meeting is adjourned you you {00:05:52}	INDEPENDENT

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101	4848408	Texas	Milford town	MUNICIPAL COUNCIL	0.361762	0.361762	NaN	NaN	NaN	NaN	0.377557	0.377557	728	731	739	520	142	103	732	UC1vJ2wwaeq4fRI0wydPVsUA	EllisCountyPress	G8jI3aAFWd0	Italy,Texas Council Meeting	Video footage of the regular scheduled Italy City Council Meeting on Monday Sept.8,2008 <newline> <newline>Mayor Frank Jackson; councilmen Mark Sounder Sr.; Dennis Perkins Jr.; Greg Richards; Rodney Gutherie	2.716667	2008-09-10	551	0.0	2008-09-10	{00:00:00} it's an operation of the city it's 43 23 {00:00:03} {00:00:03} 23 cents and for the sinking fund which {00:00:00} {00:00:08} [8 SECOND PAUSE] for the audience that is our debt {00:00:07} {00:00:11} service that's there for the {00:00:10} {00:00:13} improvements that we've already made and {00:00:12} {00:00:16} that were hand off and that is point 50 {00:00:14} {00:00:20} [5 SECOND PAUSE] for 405 with this ordinance you approved {00:00:17} {00:00:24} [6 SECOND PAUSE] the techs rate that we have talked about {00:00:23} {00:00:26} which is the 93 sense and to be able to {00:00:22} {00:00:33} [11 SECOND PAUSE] support the budget it needs to be passed {00:00:32} {00:00:36} and for the record it's point 936 seven {00:00:34} {00:00:39} [5 SECOND PAUSE] to eight is the rate baby assess any {00:00:36} {00:00:47} [11 SECOND PAUSE] question {00:00:46} {00:00:48} do {00:00:46} {00:00:53} [6 SECOND PAUSE] I'm a commotion we adopt the ordinance {00:00:54} {00:00:54} or December 08 09 08 a ch2 for the tax {00:00:52} {00:01:00} <1 MINUTE PASSED> [8 SECOND PAUSE] rate for the fiscal year 2008 2009 the {00:00:58} {00:01:03} [4 SECOND PAUSE] rape being 0.93 672 a motion made by {00:01:00} {00:01:09} [9 SECOND PAUSE] Rodney Guthrie and second value great {00:01:08} {00:01:11} bitches I love baby thank you I'd say {00:01:08} {00:01:19} [10 SECOND PAUSE] it's presentation by boots regarding the {00:01:17} {00:01:22} [4 SECOND PAUSE] upcoming funding cycle for city of ng {00:01:19} {00:01:26} [6 SECOND PAUSE] grants and as for the City Council to {00:01:24} {00:01:29} [4 SECOND PAUSE] choose the project council my name is {00:01:27} {00:01:33} [6 SECOND PAUSE] between wrong with grant work and i'm {00:01:32} {00:01:35} here to talk to you tonight about the {00:01:35} {00:01:36} upcoming 2009-2010 grain cycle as you {00:01:34} {00:01:41} [7 SECOND PAUSE] know I think we started Martha Drake has {00:01:40} {00:01:43} talked to kandi about this but the news {00:01:43} {00:01:45} the upcoming applications will be due on {00:01:44} {00:01:47} october 17 and this year is a little {00:01:46} {00:01:50} different the scoring criteria has {00:01:49} {00:01:51} changed just a little bit but just like {00:01:50} {00:01:54} [4 SECOND PAUSE] past years water and sewer or always {00:01:53} {00:01:57} they score higher some of the other {00:01:55} {00:01:59} <1 MINUTE PASSED> projects that we have and after talking {00:01:58} {00:02:01} to the engineer he actually said that {00:02:00} {00:02:03} he's already talked to the city about {00:02:02} {00:02:05} maybe another water replacement project {00:02:03} {00:02:08} [4 SECOND PAUSE] so we would just need you know a project {00:02:06} {00:02:11} [4 SECOND PAUSE] at this time to go ahead and get an {00:02:10} {00:02:12} application ready for the application {00:02:11} {00:02:16} [4 SECOND PAUSE] deadline for the 17th between now and {00:02:14} {00:02:18} then though we would have to have a {00:02:18} {00:02:20} special meeting to pass a resolution to {00:02:18} {00:02:22} have a public hearing for the {00:02:22} {00:02:24} application I know you can do this {00:02:22} {00:02:27} [4 SECOND PAUSE] before {00:02:24} {00:02:33} [8 SECOND PAUSE] ok any questions this is the kind of {00:02:36} {00:02:36} opportunity to to voice what you'd like {00:02:35} {00:02:39} [4 SECOND PAUSE] them to go on for your next spring {00:02:37}	{00:00:00} it's an operation of the city it's 43 23 {00:00:03} {00:00:03} 23 cents and for the sinking fund which {00:00:00} {00:00:08} [8 SECOND PAUSE] for the audience that is our debt {00:00:07} {00:00:11} service that's there for the {00:00:10} {00:00:13} improvements that we've already made and {00:00:12} {00:00:16} that were hand off and that is point 50 {00:00:14} {00:00:20} [5 SECOND PAUSE] for 405 with this ordinance you approved {00:00:17} {00:00:24} [6 SECOND PAUSE] the techs rate that we have talked about {00:00:23} {00:00:26} which is the 93 sense and to be able to {00:00:22} {00:00:33} [11 SECOND PAUSE] support the budget it needs to be passed {00:00:32} {00:00:36} and for the record it's point 936 seven {00:00:34} {00:00:39} [5 SECOND PAUSE] to eight is the rate baby assess any {00:00:36} {00:00:47} [11 SECOND PAUSE] question {00:00:46} {00:00:48} do {00:00:46} {00:00:53} [6 SECOND PAUSE] I'm a commotion we adopt the ordinance {00:00:54} {00:00:54} or December 08 09 08 a ch2 for the tax {00:00:52} {00:01:00} [8 SECOND PAUSE] rate for the fiscal year 2008 2009 the {00:00:58} {00:01:03} [4 SECOND PAUSE] rape being 0.93 672 a motion made by {00:01:00} {00:01:09} [9 SECOND PAUSE] Rodney Guthrie and second value great {00:01:08} {00:01:11} bitches I love baby thank you I'd say {00:01:08} {00:01:19} [10 SECOND PAUSE] it's presentation by boots regarding the {00:01:17} {00:01:22} [4 SECOND PAUSE] upcoming funding cycle for city of ng {00:01:19} {00:01:26} [6 SECOND PAUSE] grants and as for the City Council to {00:01:24} {00:01:29} [4 SECOND PAUSE] choose the project council my name is {00:01:27} {00:01:33} [6 SECOND PAUSE] between wrong with grant work and i'm {00:01:32} {00:01:35} here to talk to you tonight about the {00:01:35} {00:01:36} upcoming 2009-2010 grain cycle as you {00:01:34} {00:01:41} [7 SECOND PAUSE] know I think we started Martha Drake has {00:01:40} {00:01:43} talked to kandi about this but the news {00:01:43} {00:01:45} the upcoming applications will be due on {00:01:44} {00:01:47} october 17 and this year is a little {00:01:46} {00:01:50} different the scoring criteria has {00:01:49} {00:01:51} changed just a little bit but just like {00:01:50} {00:01:54} [4 SECOND PAUSE] past years water and sewer or always {00:01:53} {00:01:57} they score higher some of the other {00:01:55} {00:01:59} projects that we have and after talking {00:01:58} {00:02:01} to the engineer he actually said that {00:02:00} {00:02:03} he's already talked to the city about {00:02:02} {00:02:05} maybe another water replacement project {00:02:03} {00:02:08} [4 SECOND PAUSE] so we would just need you know a project {00:02:06} {00:02:11} [4 SECOND PAUSE] at this time to go ahead and get an {00:02:10} {00:02:12} application ready for the application {00:02:11} {00:02:16} [4 SECOND PAUSE] deadline for the 17th between now and {00:02:14} {00:02:18} then though we would have to have a {00:02:18} {00:02:20} special meeting to pass a resolution to {00:02:18} {00:02:22} have a public hearing for the {00:02:22} {00:02:24} application I know you can do this {00:02:22} {00:02:27} [4 SECOND PAUSE] before {00:02:24} {00:02:33} [8 SECOND PAUSE] ok any questions this is the kind of {00:02:36} {00:02:36} opportunity to to voice what you'd like {00:02:35} {00:02:39} [4 SECOND PAUSE] them to go on for your next spring {00:02:37}	OFFICIAL GOVT
102	4848408	Texas	Milford town	MUNICIPAL COUNCIL	0.361762	0.361762	NaN	NaN	NaN	NaN	0.377557	0.377557	728	731	739	520	142	103	732	UC1vJ2wwaeq4fRI0wydPVsUA	EllisCountyPress	iP9jCxPsMoU	Palmer Texas City Council Meeting	Tuesday June 17,2008 council meeting at the town hall in Palmer,TX.	2.516667	2008-06-19	783	1.0	2008-06-19	{00:00:00} if I fascinations that they come if the {00:00:03} {00:00:03} problem with it is they the regular {00:00:02} {00:00:06} meeting is once a month they're going to {00:00:05} {00:00:08} incur a lengthy and possibly a show they {00:00:05} {00:00:12} [6 SECOND PAUSE] think we have a two times a year now {00:00:11} {00:00:15} [4 SECOND PAUSE] hope that they can come in or question {00:00:14} {00:00:17} because of this and that allows time to {00:00:14} {00:00:22} [7 SECOND PAUSE] get to the council without pattern {00:00:21} {00:00:24} enlarge that problem {00:00:21} {00:00:30} [8 SECOND PAUSE] that problem {00:00:40} {00:00:40} what is it written that people in orbit {00:00:46} {00:00:46} well surely individual know well {00:00:50} {00:00:50} here-here's logical consequence you make {00:00:48} {00:00:54} [5 SECOND PAUSE] an individual dream can ride I don't {00:00:52} {00:00:58} [6 SECOND PAUSE] don't know how to address a movement {00:00:56} {00:01:02} <1 MINUTE PASSED> [6 SECOND PAUSE] like it should be the world offer him to {00:01:01} {00:01:05} the point about that there should be an {00:01:04} {00:01:06} option that we can offer obviously he's {00:01:04} {00:01:09} [4 SECOND PAUSE] never made 27 47.7 towards evidence 25th {00:01:08} {00:01:13} [5 SECOND PAUSE] 2847 so if lucky ones a little bit there {00:01:12} {00:01:16} [4 SECOND PAUSE] maybe do a 30th grace period on those {00:01:15} {00:01:19} [4 SECOND PAUSE] that come into play as well he's saying {00:01:18} {00:01:21} with chemical entity of the mark isn't {00:01:20} {00:01:23} that correct which is asking to be {00:01:22} {00:01:25} different so many different day what I {00:01:24} {00:01:27} mean you can sleep like yes is the {00:01:26} {00:01:30} [4 SECOND PAUSE] social security checks come out the same {00:01:29} {00:01:33} for everybody I don't know how to have a {00:01:32} {00:01:35} lady that comes up here once a month {00:01:34} {00:01:37} although saying my social reject didn't {00:01:35} {00:01:40} [4 SECOND PAUSE] show us mention lot they didn't show up {00:01:38} {00:01:42} she had been packing her disability {00:01:40} {00:01:46} [6 SECOND PAUSE] Social Security pay a different for {00:01:45} {00:01:48} retirement so potentially anyone with {00:01:46} {00:01:51} [5 SECOND PAUSE] that kind of problems will have a {00:01:50} {00:01:52} different do that that venison {00:01:51} {00:01:55} [4 SECOND PAUSE] straining like the nest that's what I'm {00:01:54} {00:01:57} get there you said in 4th y equal to 27 {00:01:55} {00:02:02} <1 MINUTE PASSED> [6 SECOND PAUSE] now that's what machine sandy can go to {00:02:05} {00:02:05} the fourth we'd see a blonde bubbly okay {00:02:03} {00:02:08} [4 SECOND PAUSE] is when campaign {00:02:02} {00:02:20} [17 SECOND PAUSE] we tried {00:02:29} {00:02:29} I {00:02:31}	{00:00:00} if I fascinations that they come if the {00:00:03} {00:00:03} problem with it is they the regular {00:00:02} {00:00:06} meeting is once a month they're going to {00:00:05} {00:00:08} incur a lengthy and possibly a show they {00:00:05} {00:00:12} [6 SECOND PAUSE] think we have a two times a year now {00:00:11} {00:00:15} [4 SECOND PAUSE] hope that they can come in or question {00:00:14} {00:00:17} because of this and that allows time to {00:00:14} {00:00:22} [7 SECOND PAUSE] get to the council without pattern {00:00:21} {00:00:24} enlarge that problem {00:00:21} {00:00:30} [8 SECOND PAUSE] that problem {00:00:40} {00:00:40} what is it written that people in orbit {00:00:46} {00:00:46} well surely individual know well {00:00:50} {00:00:50} here-here's logical consequence you make {00:00:48} {00:00:54} [5 SECOND PAUSE] an individual dream can ride I don't {00:00:52} {00:00:58} [6 SECOND PAUSE] don't know how to address a movement {00:00:56} {00:01:02} [6 SECOND PAUSE] like it should be the world offer him to {00:01:01} {00:01:05} the point about that there should be an {00:01:04} {00:01:06} option that we can offer obviously he's {00:01:04} {00:01:09} [4 SECOND PAUSE] never made 27 47.7 towards evidence 25th {00:01:08} {00:01:13} [5 SECOND PAUSE] 2847 so if lucky ones a little bit there {00:01:12} {00:01:16} [4 SECOND PAUSE] maybe do a 30th grace period on those {00:01:15} {00:01:19} [4 SECOND PAUSE] that come into play as well he's saying {00:01:18} {00:01:21} with chemical entity of the mark isn't {00:01:20} {00:01:23} that correct which is asking to be {00:01:22} {00:01:25} different so many different day what I {00:01:24} {00:01:27} mean you can sleep like yes is the {00:01:26} {00:01:30} [4 SECOND PAUSE] social security checks come out the same {00:01:29} {00:01:33} for everybody I don't know how to have a {00:01:32} {00:01:35} lady that comes up here once a month {00:01:34} {00:01:37} although saying my social reject didn't {00:01:35} {00:01:40} [4 SECOND PAUSE] show us mention lot they didn't show up {00:01:38} {00:01:42} she had been packing her disability {00:01:40} {00:01:46} [6 SECOND PAUSE] Social Security pay a different for {00:01:45} {00:01:48} retirement so potentially anyone with {00:01:46} {00:01:51} [5 SECOND PAUSE] that kind of problems will have a {00:01:50} {00:01:52} different do that that venison {00:01:51} {00:01:55} [4 SECOND PAUSE] straining like the nest that's what I'm {00:01:54} {00:01:57} get there you said in 4th y equal to 27 {00:01:55} {00:02:02} [6 SECOND PAUSE] now that's what machine sandy can go to {00:02:05} {00:02:05} the fourth we'd see a blonde bubbly okay {00:02:03} {00:02:08} [4 SECOND PAUSE] is when campaign {00:02:02} {00:02:20} [17 SECOND PAUSE] we tried {00:02:29} {00:02:29} I {00:02:31}	OFFICIAL GOVT
103	4863200	Texas	Rose City city	MUNICIPAL COUNCIL	0.232540	0.232540	NaN	NaN	NaN	NaN	0.268524	0.268524	502	505	518	412	0	32	419	UChwg6M3JNI2CH42Ve4Y04aw	Somervell County Salon	rJDllz2owbo	City of Glen Rose Land of the Dinosaurs Part 1 Feb 8 2010	City of Glen Rose Town Council Meeting	3.950000	2010-02-10	53	0.0	2008-02-01	{00:00:00} my name is jack layton and i am the president language i Wasi along with mike dooley and another gentleman named virginia pierce we created this company to basically help the city of Glen Road improve its tourist composition and provide something that will help our tourists to stay here overnight and continue to spend money when we started looking at what Glen Rose needed one of the things that we noticed was there's not a whole lot of things for a tourist to come in and do and stay during the evening so Landon dinosaurs was created to bring tourists in with unique proposition we've got a metronic dinosaurs we've got a live-action cast would go uh writing the score the songs the script it's all original it's all brand-new is all being written specifically for what's happening here the value proposition is land of the dinosaurs is Jurassic Park meets Swiss Family Robinson meets Andrew Lloyd Webber so that's that's pretty much where we're going with this thing what we did is we commissioned a study with impact down to look at how much money this particular production be able to bring community in a nutshell the ceiling rose should experience over the next 10 years a 13 million dollars in additional revenue and that's just based on the play itself which will run for approximately 13 weeks every year during the summer months specifically right before the promise now some of you may remember that when the promise first started they ran longer than where they are now and what we've done with this taking the concept and provided a larger potential audience to come to seed show so instead of the Texas amphitheatre being dark for all of 10 months out of the year we're actually going to eat up almost three months out of that so the Texas amphitheatre will now have a live-action show for a five to six months out of here more people coming in to see these shows means more money coming into the area impact data has also looked at the amount of revenue being generated by the hotels and they looked at it and said that it looks like there's going to be an additional six million dollars worth of revenue generated out of hotels over ten year period of time we started our viral marketing campaign yesterday we've got our casting notice that as a result of the four be vote on Thursday we decided we needed to go ahead and get started with this we're going to be we're going to go up on day 28 so it's not a lot of time to finish this thing up and get these get the 43-foot t-rex in and get all the rod connoisseurs in and get the cast done and make sure that they're ready to go and make all the technical improvements that be done to the fear so we went ahead and started a viral marketing campaign are casting notices going out now across the web to most national casting organizations also all the DFW organizations that handle cast them so the bus is already started I've got three telephone calls today about the show I'm open to any questions that you might have this point we're excited {00:00:01}	{00:00:00} my name is jack layton and i am the president language i Wasi along with mike dooley and another gentleman named virginia pierce we created this company to basically help the city of Glen Road improve its tourist composition and provide something that will help our tourists to stay here overnight and continue to spend money when we started looking at what Glen Rose needed one of the things that we noticed was there's not a whole lot of things for a tourist to come in and do and stay during the evening so Landon dinosaurs was created to bring tourists in with unique proposition we've got a metronic dinosaurs we've got a live-action cast would go uh writing the score the songs the script it's all original it's all brand-new is all being written specifically for what's happening here the value proposition is land of the dinosaurs is Jurassic Park meets Swiss Family Robinson meets Andrew Lloyd Webber so that's that's pretty much where we're going with this thing what we did is we commissioned a study with impact down to look at how much money this particular production be able to bring community in a nutshell the ceiling rose should experience over the next 10 years a 13 million dollars in additional revenue and that's just based on the play itself which will run for approximately 13 weeks every year during the summer months specifically right before the promise now some of you may remember that when the promise first started they ran longer than where they are now and what we've done with this taking the concept and provided a larger potential audience to come to seed show so instead of the Texas amphitheatre being dark for all of 10 months out of the year we're actually going to eat up almost three months out of that so the Texas amphitheatre will now have a live-action show for a five to six months out of here more people coming in to see these shows means more money coming into the area impact data has also looked at the amount of revenue being generated by the hotels and they looked at it and said that it looks like there's going to be an additional six million dollars worth of revenue generated out of hotels over ten year period of time we started our viral marketing campaign yesterday we've got our casting notice that as a result of the four be vote on Thursday we decided we needed to go ahead and get started with this we're going to be we're going to go up on day 28 so it's not a lot of time to finish this thing up and get these get the 43-foot t-rex in and get all the rod connoisseurs in and get the cast done and make sure that they're ready to go and make all the technical improvements that be done to the fear so we went ahead and started a viral marketing campaign are casting notices going out now across the web to most national casting organizations also all the DFW organizations that handle cast them so the bus is already started I've got three telephone calls today about the show I'm open to any questions that you might have this point we're excited {00:00:01}	OFFICIAL GOVT
104	4840472	Texas	Lake City town	MUNICIPAL COUNCIL	0.419844	0.419844	NaN	NaN	NaN	NaN	0.445680	0.445680	509	506	518	511	0	183	535	UCl1jUVsu7mrrQSaRJ7F5fQw	thesacnews	ly69-ZT0k9U	032408 Roll call/conse	I. Roll Call/Call to Order.<newline>II. Consent of Agenda.<newline>A. Approval of Agenda.<newline>B. Approval of Minutes of March 10, 2008 Council Meeting and March 13, 2008<newline>Special Council Meeting.<newline>C. Receipts and Disbursements.	1.683333	2008-03-31	85	0.0	2008-03-24	{00:00:08} like to call the meeting to order with roll call please be helpin grinny yes okay yes Hanson Johnston yes like that yes thank you um item number two percent of agenda I like to point out a couple things on the agenda item number three and item number six there's a small change in those looking into that we had two things for the same thing we had a city forum and we had citizens opportunity to do address the council on items not on the agenda but we didn't have an opportunity for the council to just visit about items so you'll notice that number three is the citizens opportunity to address the council so anything that they would like to talk about an item six is the council form so we just changed a little wording there so approval of agenda approval of the minutes and the receipts in this person is there any discussion on any of that any questions nope hey could I have a motion motion to approve the agenda and also the dispersants second that the better motion made and seconded to approve the consent of agenda and a call for a vote please councilman Frederick yes can't say yes Johnston yes matka yes yes {00:00:10}	{00:00:08} like to call the meeting to order with roll call please be helpin grinny yes okay yes Hanson Johnston yes like that yes thank you um item number two percent of agenda I like to point out a couple things on the agenda item number three and item number six there's a small change in those looking into that we had two things for the same thing we had a city forum and we had citizens opportunity to do address the council on items not on the agenda but we didn't have an opportunity for the council to just visit about items so you'll notice that number three is the citizens opportunity to address the council so anything that they would like to talk about an item six is the council form so we just changed a little wording there so approval of agenda approval of the minutes and the receipts in this person is there any discussion on any of that any questions nope hey could I have a motion motion to approve the agenda and also the dispersants second that the better motion made and seconded to approve the consent of agenda and a call for a vote please councilman Frederick yes can't say yes Johnston yes matka yes yes {00:00:10}	MEDIA
105	4840472	Texas	Lake City town	MUNICIPAL COUNCIL	0.419844	0.419844	NaN	NaN	NaN	NaN	0.445680	0.445680	509	506	518	511	0	183	535	UCl1jUVsu7mrrQSaRJ7F5fQw	thesacnews	dRa-UBkuVmk	031008 Consent of Agenda	item 2 Consent of Agenda.<newline>A. Approval of Agenda.<newline>B. Approval of minutes of the February 25, 2008 Council Meeting.<newline>C. Claims.	0.866667	2008-03-15	36	0.0	2008-03-10	NaN	NaN	MEDIA

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